Much about the divorce process has changed in the last decade. The system is less concerned about individual justice in any given case, and more concerned with processing and concluding cases. The perception is -rightly or wrongly - that delay causes injustice and excessive cost.

Clients should understand the dynamic of the system. They should understand that people in black robes are not infallible. People are better off controlling their own destiny by attempting to come to a fair agreement. They should understand that in the matrimonial sphere judges have vast discretion and that frequently that discretion is exercised based upon the personal values, biases and upbringing, of a particular judge. Judges too, after all, are only people. The principals of matrimonial law are general and broad enough that they can accommodate different biases and values by those making decisions. In other words the same facts presented in the exactly the same fashion to two different judges may result in two different dispositions.

Clients can contribute to a favorable resolution by understanding the dynamic of the process. If the litigant does not understand the issues in the case, or the advice of counsel, they need to insist that it be explained to them so that they understand. If resolution is not possible because the other side is unreasonable, then be certain that there is total and complete preparation for trial.

I think litigants should be allowed to control the course of the litigation to a greater extent that they are now. If two litigants agree they are not yet ready to conclude their case, by settlement or trial, then they should not be compelled to proceed by the system.

Private litigants with matrimonial disputes should strive with the assistance of the professional to reach a fair and just accommodation, rather than allow the system to take control of their lives.