But That’s Not Fair! – Law Offices of Steven Chroman

As a family law attorney, I frequently hear this. The first thing I tell clients is that people who spend a lot of time worrying about whether or not something is “fair” tend to have difficulties while going through a divorce. Divorce is a process, governed by laws and precedent. Outcomes are not determined by aggressive confrontational lawyers and oppositional ex-spouses, but rather from sound professional advice and strategic long term planning.
Determining what’s fair and what is not can be a difficult decision in many areas of life, in business, in sports, even the grade on your child’s last test. However, nowhere is it more difficult than in the midst of a marriage ending.
If you are contemplating divorce, in the midst of a divorce, paternity matter or other family law related issue, a very hard, yet realistic fact that client’s must face is, decisions are not based on what you or your former spouse or partner thinks would be fair when in trial. And in family law court, arguing about whether something is fair is usually a waste of time and money. Family court decisions are made by applying laws, past case decisions to facts that are presented at your hearings or at trials, and professional, intelligent advocacy. It is not determined from aggression. The hardest part to deal with sometimes is that all of this is being decided, ‘judged’ by someone who does not know you as an individual.
Despite the above, human decency sometimes triumphs over the odds. We don’t hear about it as much since as a society we focus on the ‘entertainment’ aspects of divorce and family law related matters, but there are a sizable share of the people going through these matters who genuinely want to be fair.
Now, that being said, everyone involved simply feels best when the judge’s decision accomplishes something that seems fair for all and not exaggerated to one party or the other.
Some people unfamiliar with the judicial system believe that trials are designed for judges to hear evidence and then decide what is fair. But there are two major reasons why they don’t work that way: human subjectivity and the reality of the legal system.
The American justice system requires that the same laws and principles are be applied to every case that comes through the courts. The problem is that often the ‘law’ can’t take into account the complicated human issues that appear in family law cases. In too many instances, the laws simply don’t fit into the reality of what is happening in court or for that matter in the lives of the parties involved.
The fact remains, if we didn’t have laws that all judges applied in deciding each and every case, the judicial system would simply be too unpredictable. The positive side of this typically one-size-fits-all approach is, that with the laws and precedents available, a seasoned, well-educated and experienced “family law” attorney, knowledgeable in family law and continues to remain updated with recent changes in the law and cases, is able to not only advise with better precision and clarity, a seasoned “family law” attorney does also assist their clients with strategy, reasonable settlement alternatives, and cost of their case. That’s a ‘fair’ way to put it.
For more information and to schedule your consultation, please call The Law Offices of Steven B. Chroman, P.C., at 661-255-1800 or visit us at www.chromanlaw.com. Mr. Chroman is a Trusted Advisor Award Winner and named Top 100 California Attorney’s with over 27 years of experience and local service and a 2021, 2022 & 2023 Super Lawyer.