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A Judge's Guide to Divorce: Uncommon Advice from the Bench, by Roderic Duncan Judge
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The inside scoop on divorce, from the judge who's seen it all!
"Whatever you do, try to keep your case out of divorce court." These key words set the stage for A Judge's Guide to Divorce, which exposes a system in which everyone loses -- especially the kids.
Fortunately, there's hope: A Judge's Guide to Divorceshows you how to reach your own agreements outside the courtroom, in the most civil manner possible. But if court is unavoidable, this book will help you at every step. Find out about:
Plus, the book comes with a CD-ROM that features an interview with Judge Duncan and audio scenarios that can help you get through divorce without court. (Note: Audio files are not included with the eBook)
A Judge's Guide to Divorcedelivers straight talk from someone who has witnessed the war zone of divorce court firsthand. Find out how to avoid it -- and what to do if you can't.
- Sales Rank: #355730 in Books
- Published on: 2007-01-15
- Original language: English
- Number of items: 2
- Dimensions: 9.00" h x .75" w x 7.00" l, .91 pounds
- Binding: Paperback
- 240 pages
Review
Highly recommended for all couples contemplating divorce... (Judith Wallerstein, Ph.D 2009-01-01)
Judge Duncan's advice parallels my own years sitting on the bench. (Leonard Edwards California Administrative Office of the Courts 2009-01-01)
Offers three alternatives to court: The 'kitchen table divorce,' mediation or the collaborative law divorce. (Oakland Tribune 2009-01-01)
Anyone who is thinking about a divorce should read Judge Duncan's book. (Herma Hill Kay 2009-01-01)
Judge Duncan brings enormous experience, candor and wisdom to his theme -- no one should let a judge make decisions during a divorce unless there is absolutely no better alternative... (Pauline H. Tesler 2009-01-01)
About the Author
Roderic Duncan was appointed to the California Municipal Court in 1975, and he was elected to the California Superior Court bench in 1987. Over the years, he has been a lecturer and faculty member at two dozen educational programs for judges. In 1990, he was chosen the Judicial Officer of the Year by the California State Bar, Family Law Section. Since retiring from the bench in 1995, he has been doing private judging and mediation.
Most helpful customer reviews
13 of 13 people found the following review helpful.
Nice for beginners, but
By Mike Wexler
I was hoping that this book would be in depth and go into the details of family law because it was written by a judge. Instead, it told me what I knew and tried to avoid. That going through the legal system is the wrong thing to do. While I did get one or two insights out of the book, it tries to be all things to all people, covering all 50 states and avoiding anything too technical.
So if you are jurisdiction shopping or trying to figure out whether to do mediation or go to court, this may be the book for you. If you are deep into the legal stuff already and want some insight and guidance, keep looking.
21 of 22 people found the following review helpful.
When Eperienced Judges Talk About Divorce ---- Listen up!
By Mike Mastracci
After reading Judge Roderic Duncan's book, I was compelled to track him down by phone just to thank him for a book that needed to be written. While mothers, fathers, lawyers, mediators, collaborative professionals, counselors and mental health providers all have varied opinions about what divorcing couples should and should not do, it is easy to forget that in court only "One Person's" opinion really matters.
When such a qualified and well respected judge shares all, in such a frank and candid manner, you know you are in for a good read. I think that the tone of the book is set out well in the foreword where Judge Duncan states: The disturbing thing that I learned as a divorce court judge is that most people getting divorced know very little about the legal side of the process that often controls their finances, the custody of their children, and the ownership of their homes, their automobiles, and their investments. And very many of these people - some represented by lawyers, some not -- stumble through the divorce maze, making mistakes that cause the process to be more expensive, time-consuming, and painful than it need be. Not surprisingly, most come away unhappy with their experience."
As a family law attorney, mediator, collaborative lawyer and author of Stop Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations, I can certainly attest to those observations. One message from A Judge's Guide to Divorce: Uncommon Advice from the Bench is that you really "win" your case by avoiding contested litigation except as a true last resort. Since well over 90 percent of contested cases settle before trial, usually right before trial, why is all the nonsense leading up to trial necessary. Furthermore, when children are involved, it sure isn't over after court. Post-divorce conflict is far more likely in cases that actually go to trial then in cases where there has been an amicable, or at least acceptable, resolution well in advance of trial.
While the book is replete with excellent legal guidance, the chapters that I found most meaningful where "Stay Out of Court if You Can" "Consider Alternatives to Divorce Court" "Settle Child Custody and Visitation Issues Sanely" "Get on with Your Life" and perhaps most importantly, in my humble opinion, was the chapter, "Don't Get Hung Up on Fairness." What great advice! Although it may sound ironic coming from a judge, the sooner people realize that cases are not decided on ones's subjective views of "fairness," the better prepared they may be to explore alternative dispute resolution methods such as mediation and collaborative law.
Another thing that Judge Duncan reminds us is that Judges are people too. They make mistakes and many of them dread being assigned to family court. If you let a judge, a virtual stranger in a black robe, make your decision for you after reading this book, you have no one to blame but yourself (unless, you truly want to resolve your case in a reasonable fashion and your ex simple forces your hand). In that case, the gloves are off. Chapter three of this fine book deals with that.
Another valuable contribution to this book is the accompanying audio CD which also features Collaborative Divorce pioneer and author, Pauline Tesler. On the CD, in addition to an interview with Judge Duncan, Pauline Tesler, co-author of Collaborative Divorce, The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues, and Move on With Your Life, walks you through a collaborative divorce session. I commend Judge Duncan for writing this book. And by the way, I did track him down to express that opinion to His Honor and I can assure you that Judge Duncan is not only a bright man and a wealth of information, he is a true and kind hearted gentleman who is eager to help others avoid the pain of divorce court. When asked why he wrote the book, his response is "so that if people have to divorce, I want this book to help them have the best possible divorce."
If you are contemplating divorce you would be remiss to let this book pass you by! Stop Fighting Over The Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations (Mike Mastracci's Divorce Without Dishonor)
9 of 11 people found the following review helpful.
Any general interest library will find it an important lend.
By Midwest Book Review
Most keys to understanding legal divorce come from lawyers, but this is different: it comes from a judge who has seen it all, and who has a vested interest in keeping courtrooms from becoming circus acts. The focus is on how to reach your own agreements outside the courtroom, as well as how to make any court proceeding as civil as possible. Judge Duncan presided over thousands of divorce cases in some twenty years as a judge, and his guide is crucial to understanding the options and processes involved. Any general interest library will find it an important lend.
Diane C. Donovan
California Bookwatch
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