I just recently had a man that came in for a consultation and he told me that he's looking for an attorney who can guarantee that his wife will not be able to touch his retirement account. I had to tell him that I can't do that. And that I don't think any attorney can do that. Here in the county that he needed to file in, there's no guarantee which judge you would draw. It' is done on a rotating basis, So, you won't know who your judge is until the divorce is actually filed. Even knowing who the judge is, I couldn't guarantee anything.
What I told him was, "If you knew who your judge was and you went in and sat in on that judge's domestic calendar and you watched cases all day long, you might see two cases that looked exactly the same to you. They sounded exactly the same to you. But the judge did this for one case and did something else for the other case. And the reason is, the judge is the fact finder. That means the judge is the one who decides who's telling the truth, decides how he or she is going to weigh that evidence, and makes the ultimate decision. So even though it sounded exactly the same to him and it might have sounded exactly the same to me, for some reason it sounded different to the judge sitting up on the bench. And he or she is the one that matters.
As such, no attorney can tell you with 100% accuracy what a judge is going to do. Once the judge is assigned, your attorney can tell you, "Generally, when I'm in this judge’s court room, he or she does this. Or generally they prefer this or that." But nobody can make you a 100% guarantee. I think once I explained all that to him, it made sense to him. It didn't make him happy. But it made sense to him. And now he understands there are no guarantees.
That's a big part of understanding that sometimes you just need to negotiate in a divorce. You need to understand all of the pieces in your divorce. Because it's better for you to make an agreement if it's something that you can live with, rather than having that man or woman up on the bench make all your decisions. Especially when you don't know how they will decide.
I hope this helps. If you have anybody that his might help, please share. If you liked it, please hit the like button. And if you'd like more information on divorce and family law in Georgia, please subscribe to my channel. Again, I'm Nedra Howard with Nedra K. Howard PC, a law firm where families matter.
Nedra K. Howard
Nedra has represented clients in matters relating to divorce, separate maintenance, child custody and support, family violence protective orders, adoption, prenuptial agreements, business disputes and litigation, personal injury, property damage, and wills.
John B. MIller & Associates, P.C.
16 Eastbrook Bend, Suite 201
Peachtree City, GA 30269
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770 - 863 - 8355