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When you take two people who can no longer live together and try to place the entire cost of the divorce upon one of the individuals, can there be an affordable and equitable solution? Is there a chance that cooler heads will not prevail and one will look to bankrupt the other without thought to their own future or that of their children?

Are Long, Drawn Out Divorce Cases Really in the Best Interest of Children?

The length of time it takes to get a divorce depends on several issues.

First, whether both parties want the divorce and are agreeable to a reasonable settlement. Second, whether the couple has minor children together by birth or adoption can affect the time it takes. Third, the division of property and debts can take a substantial amount of time because they disagree on key items.

Of course, there’s the time it takes to get on the schedule for a mediator, arbitrator, or a judge. Add in the time it takes to complete discovery. How long it takes for you to get a divorce depends largely on whether you and your former spouse can communicate well enough to take deal with the necessities.

In every state, the standard is to do what is in the best interest of the children. While it seems obvious that many states are “mother friendly,” times have changed. We now see more instances of joint physical and legal custody or at least joint legal custody. We also see in many cases where children over a certain age choose to live with a certain parent or the court awards custody to who they believe is fit.

The legal standard for this is known as the “best interest of the children.” It is no longer presumed that moms are the best parents. Courts look at many factors (including whether the parents can be civil or if either will try to alienate (or stop) a relationship between the children and the other parent).

Before a court order on custody is entered, both parties have an equal right to access the children. If you’re involved in a custody dispute, it is important that you retain an attorney and take their advice to heart. Don’t do things that could jeopardize your shot at custody.

When parents can’t seem to communicate and look at what really is in the best interest of the children or when the court believes that the children need a neutral person to observe and advise the court on what it is the best interest, the parents or the court can ask for a guardian ad-litem (GAL). The job of the GAL is to talk with the children, observe their routine in the home of each parent, observe the parents, and observe the relationships. They may also separately talk with the parents and the children in a private environment. This person reports back to the judge and makes a recommendation on what they believe is in the best interest of the children involved in the case.