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CIVIL PROCEEDINGS: THE IMPORTANCE OF DIVORCING WITHOUT SELLING YOUR SOUL

On Behalf of | Feb 27, 2014 | Our Blog

By Bruce Shapiro

There are few things in the practice of family law in Nevada that are more troubling than when a potential client self-identifies their perceived need to hire a “shark” or a “barracuda” to represent them in their divorce. In the context of legal representation in a Nevada divorce, these identifiers are always derogatory and demonstrate an extraordinary lack of understanding of both the processes and outcomes inherent in dissolving a marriage. This rhetoric usually implies an over-aggressive, unethical course that is intended to “win at any cost.”
At Pecos Law Group, the materials we provide as part of our initial consultations in Nevada divorce cases emphasize the folly of viewing the divorce process as in any way “winnable”:
“Win what? What is a win? No one wins a divorce. You will lose, your spouse will lose and most importantly, if you have children, they will lose. The income you have been supporting your household with over the years will now be divided and you will try to maintain two households on the same income. Further, you will have attorney’s fees and court costs to pay which you did not have before. The way to “win” is by reaching a reasonable settlement with your spouse that minimizes costs and conflict.”
It is almost an immutable fact that litigation in Nevada divorce cases is financially and emotionally expensive, terribly time consuming, and even under the most favorable circumstances, profoundly uncertain in its result. “Justice” rarely results from rulings by randomly assigned judges – often of uneven capability – who have a very superficial and imprecise understanding of you, your spouse, your children, and your financial circumstances. To the extent possible, the most favorable result in a divorce is usually best achieved outside of the litigation process, by a negotiated means that is mutually respectful to the involved parties and considerate of their children. In Nevada divorce cases where child custody rights are allocated, parents often lose sight of the reality that minimizing conflict is in the best interests of their children because it is generally indicative of a bona fide effort to co-parent, and tends to engender greater feelings of trust and parental positivity in the children.
As Nevada family law attorneys, one of the core precepts of Pecos Law Group is that our ethics, candor, and honesty are non-negotiable, and we expect the same of our clients. We also subscribe to John F. Kennedy’s observation that civility is not a sign of weakness. We believe that the truly effective practice of law frequently requires an ability to constructively listen rather than to dictate, and to extend reasonable accommodations rather than to be unyielding for no good reason. It is not only possible – but clearly a matter of considerable worth – to obtain a divorce without selling your soul in the process.

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