Divorce Reform

The family law system in this country is breaking down under the weight of the demands being placed on it. Many lawyers are trying to improve the divorce system, but it is extremely difficult to get real change through the legislatures. The special interest groups are well organized, and in an area as emotionally charged as divorce, everyone has their own ax to grind.

I'm a cynic when it comes to changing the system by gentle stages through the legislatures. The bureaucracies and special interests are just too strong. In order to garner the necessary number of votes (and be sufficiently "politically correct"), a really creative new approach would be so watered down it would be unlikely to result in the radical changes necessary to make the system truly effective.

Instead, I think a sort of "underground" system will have to evolve, promoted by the forward-thinking lawyers, mediators, and individuals who insist on a better solution and are willing to operate outside the system to create it. One of these involves the growing use of special masters and private judges. Another is the increased popularity of unbundling. Look at the growth of mediation. Most traditional courts and bar associations were violently opposed just a few years ago. The consumers insisted on it, a few brave lawyers were willing to risk their bar memberships and liability insurance coverage on it and, voila, we have a whole new approach to problem solving. The beauty of such an underground system is that it builds its own success, creating a track record of better results, lower cost, and more satisfied consumers. Then, when it comes knocking at the door of official recognition (as any new institution ultimately must), it is hard for the entrenched bureaucracies to do anything but acquiesce with as much grace as they can muster. I am happy to say that such a system is currently and quietly solving the problems of thousands of divorcing couples.

I get lots of email to this site from people who are also interested in what they call "legal reform." Usually, it means that the system didn't let them fight as much as they really wanted to. That's not what I mean by the term. I think the system should minimize conflict, allow people simple solutions to their family problems, and enable them to move on with their lives with dignity intact.