If you are contemplating divorce, there is one question you ought to ask: is a private judge right for me? The answer could be a positive one if you are looking to conclude your divorce quickly and would prefer to avoid the crowded (and very-public) family court. What’s the catch? Well, private temporary judges (typically retired veteran family lawyers) must be compensated for their time much like an attorney.
Nevertheless, hiring a privately compensated temporary judge could be an investment for you and your family. Although there is a cost on the front end, a private judge will undoubtedly have more time to devote to your case. This means that your divorce could be finalized in a fraction of the time with a private judge, compared with the several months or even years that you could spend tied up in the public family court . Your judge will apply the exact same California family law statutes, evidentiary codes, and rules of court as a publicly-sitting family judge. However, the scheduling flexibility that comes with a private judge means that you can work through your case on your time. As a result, you and your spouse will spend less time in litigation, potentially saving your family a great deal of money and stress in the long run.
Private judging is legal in Santa Clara County and can be requested through the Clerk’s office. A private judge may not be the best option for every family, so talk to your family lawyer for more information. Contact the certified Family Law Specialists (as certified by The State Bar of California Board of Legal Specialization) at Lonich Patton Erlich Policastri to learn more about the possibility of pursuing divorce with a private judge. Our attorneys have decades of experience handling complex family law matters and have worked directly with private judges in the past.
Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.