Tuesday, August 27, 2013

Divorce Fighting Hints 2

Observing my brother's divorce happen firsthand was a real eye opener. As things went along, it became clear that certain strategies and tactics are more effective than others. Combine that with the martial arts knowledge I've been accumulating for 30+ years, and I formulated some simple tips for someone facing a divorce.

First, let's get some facts straight, so the rest of it makes sense:
Attorneys are not necessarily very intelligent people.
Because judges are largely former attorneys, judges are not necessarily very intelligent people.
To argue one's point effectively, use facts, logic, and plenty of emotion (specifically care for people).
Hire an attorney who is ready and willing for a fight.

Court is all about the money and the visitation rights to the minor child(ren).

Once the divorce has been filed it is no longer time to reconcile. It is time to FIGHT!
Yes, you did some things wrong. Your spouse will bring them up in court.
Yes, your spouse did some things wrong. It is YOUR job to bring those up to your attorney. 
There is a LOT to be said for fighting LOUDEST, LONGEST, and HARDEST.


Divorce Fighting Hint 2: Do NOT Hire an "Ethical" Attorney.
"Fights aren't meant to be fair, they are meant to win."    - Pops
"If you find yourself in a fair fight, your tactics suck."     - John Steinbeck

You want the meanest, nastiest divorce attorney around. This will pay dividends. Funds permitting, you may want to put the next three or four nastiest attorneys on retainer so your spouse cannot retain them. It is a dog fight, and you need to bring the pitbull, not the chihuahua.

I personally watched an attorney, when she found out the other party was not present (and the other party's counsel was similarly not present), state her client's motion to the judge and say "I've spoken with opposing counsel and they are agreeable with this proposition." The judge ruled it to be so. I have no doubt that attorney lied through her teeth at that moment (got to see her in action enough to tell) - I do not think she had spoken with opposing counsel at all. Also, found out that attorney routinely tries to spring up new motions with less than the required one week notice, just to see if she can obtain this type of situation.

That's the type you want on your side.


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