Divorce And The Myth Of Lawyers

A timely unsettling of old "settled" questions surrounding divorce Amid the current nationwide debate over what "marriage" is, this book examines anew the nature and meaning of marriage from the standpoint of what adult children of divorce have actually experienced. Upholding the inextricable link between our personal identity and our origin in a union of two — and, more deeply, in the Fatherhood of God — the contributors to this volume reflect on the damage that divorce does to children, opening up important questions for all of us: What does it mean to be human? What does it mean to love and to marry? After decades of talk about the rights of adults to get a divorce and the benefits for children of an amicable split between parents (a so-called "good divorce"), these authors — theologians, philosophers, political scientists, lawyers, psychologists, sociologists, and cultural critics — effectively unsettle conventional opinion.

Each year more than 2 million Americans get divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests? Austin Sarat and William L. F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the-scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce. Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one's understandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through a divorce, or has gone through one, as well as for lawyers, judges, and scholars of law and society.

To fit with the times, I first felt a need to pass along information in small tidbits that can be digested before they quickly melt into the next month. But the topic of divorce is closer to the hard-to-shallow aftertaste of life. Tidbits are short burst of flavor. They are for entertainment. Divorce is not entertainment.

Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.

“Potent, accessible tools for your family and your future.” —Gwyneth Paltrow Marital strife and divorce can be your chance to profoundly transform yourself, your mindset and your relationship with a more harmonious and steady vision. While many of us may be better together, some of us can actually become better apart. What if you emerged from your divorce stronger and more resilient than ever before? Better Apart is the first book to apply the life-changing, healing wisdom of meditation and yoga, combined with practical advice, to help anyone going through the painful and seemingly intractable realities of divorce. Gabrielle Hartley and Elena Brower are warm and caring guides who can help you compassionately part from your partner. Whether your separation is amicable, or your ex is combative, Better Apart can help you find peace, calm, and hope. Blending practical advice from a legal perspective together with spiritual wisdom, Gabrielle and Elena are experts and realists who have created a simple five-step process that uses original meditations, perspective-shifting exercises, and fresh suggestions to help navigate the common legal and emotional pitfalls of divorce. Don’t worry if you’ve never tried yoga or mediation; Gabrielle’s insight buttressed by Elena’s practices and exercises are accessible for all. Together, they show you how to meaningfully shift your mindset and to move forward though any—or all—parts of this emotionally fraught process. Better Apart radically reframes the way couples experience, execute, and recover from when “for better or worse” is no longer an option, and helps you find the road to a new mindset and better life.

Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.