The Illusion of Fairness

It sounds very even-handed: two spouses are represented by attorneys before an impartial judge to determine the terms of marriage dissolution.

The problem is that divorce has more complicated features than most other types of law— and these features are either completely ignored or are settled by those who don't have professional training in those areas. Also, an "impartial" decision is not always the kindest or most appropriate one for troubled families.

Family Finances

The first condition that comes to mind is family finances. The dissolution and terms are often determined by lawyers who have no formal financial training. While final settlements may be guided by the Attorney's advisors, because of their lack of knowledge, many couples are saddled with unnecessary tax debt — and suffer the consequences of an adversarial — instead of expert—division of their joint assets.  

Emotional Well-being

From an attorney's point of view, an adversarial spousal relationship results in the greatest profit for their business. They experience little benefit in having spouses negotiate together.

Attorneys are also not known for being skilled counselors. They are not the first persons that one would recommend to craft terms for future, collaborative communication.

Child Welfare

Figuring out how to work together and create a healthy environment for children is, again, not an area of legal expertise.

Many times, the "soft solution" — the solution that fits best for both parents — can only be discovered when both spouses cooperate. Future, non-confrontational communication between spouses is also critical.