Divorce Lawyer: Focus On Protecting the Children

The no-fault reasoning that has allowed a divorce lawyer to easily end their client’s marriage has now been around for more than forty years. This is the villain that is widely blamed with drastically increasing the rate at which families are broken apart, by making it drastically easier for couples to end their marriages. How the no fault procedure has affected children is important to examine, because children are often the victims of the breakup of a marriage. In other words, because the no fault procedure is well established and it is unlikely to change anytime soon, it is crucial to figure out a way to make the marital breakup less harsh on the children.

To this day, using the no-fault procedure is one of the most preferred methods of having a court grant you an end to your marriage. The reason for this is that it often does not require much proof, making it simple, cheap, and easy.

While the no fault legal maneuver by a divorce lawyer may be how a spouse gets into court to seek legal relief from their marriage, it is likely not what actually hurts children. According to decades of research, there are many studies to show that children of a broken marriage are not that much worse off than children who happily remained together. The thing that can hurt children the most, according to a lot of research, is marital discord. Fighting amongst the spouses is what can cause the most amount of trauma to children. This can be true even if the spouses do not end up going through the legal processes, and they decide to stay together.

For a divorce lawyer, then, the idea is to make it so that the legal process does not cause the parties to fight. But this can be a difficult thing to do for an attorney who is hired to zealously represent the interests of the client. Moreover, the way that the laws are set up, they promote a couple to do everything possible to demean the other parent. This is because many courts make decisions on child custody based on the children's best interests. While this may sound admirable, it means that parents and their attorney’s do everything possible to degrade the other parent to show that it is in the child’s best interest to be with them the most.

Because of the structure of the legal system, it is unreasonable to expect a divorce lawyer to be able to always look out for the best interests of the children. This is because it takes both sides to realize that it is not in their kids’ best interests to fight. Because of the adversarial nature of the legal system, it is hard to imagine that both attorneys will reduce the fights.

The solution then is with a combination of the attorney and the judges. Combined the two can help the parents to understand that they need to keep their children's interests ahead of their own.

The above material is intended for information purposes only. It is not intended as professional legal advice and should not be construed as such. Attorney William H. Beaumont practices in New Orleans, La.