Question

1. a) Based on the documentary ‘Divorce Corp’ explain in detail a) why and b) how the family court system is basically a business. Provide at least two examples from the film that reflect this business-like scenario of this court.

2. Describe a) how is the family court system designed to create conflict, and b) explain in detail why when children get involved things get more complicated. Provide two examples (one for each item) to illustrate these two court situations.
3. Explain one potential conflict of interest that may threaten judicial independence and encourage the business-like context of family court judges according to the documentary. Be explicit, provide one concrete and detailed example, and include class material in your response.
4. a) Based on the documentary ‘Divorce Corp’ explain in detail who are the winners (provide a concrete example) and the losers (provide a concrete example) of divorce litigation according to this film, and b) what can be done to fix or address the business-like nature of the family court system to help those who want to get a divorce. There is no right or wrong answer, but provide an educated opinion based on class material.

Answer 1

The documentary 'Divorce Corp' portrays the family court system as a business, focusing on its profit motives and adversarial design that can escalate conflict, especially when children are involved. Potential conflicts of interest threaten judicial independence, and the system creates winners and losers with legal professionals benefiting at the expense of divorcing parties. Reforms to promote collaboration and transparency, and reducing financial incentives could address these issues.

Step-by-step explanation:

Family Court System as a Business

Based on the documentary ‘Divorce Corp,’ the family court system can be seen as a business because it often operates with profit motives that can overshadow the interests of the families involved. One example is how attorneys and other legal professionals involved in divorce proceedings might prolong conflict to increase billable hours. Another example is the allocation of court resources and professionals, such as mediators or custody evaluators, who earn substantial incomes from the litigation process, treating the system as an industry.

Design and Complications in the Family Court System

The family court system is designed to create conflict due to its adversarial nature, which can result in parents fighting against each other to win custody or financial disputes, often escalating tensions. When children are involved, the complications intensify as custody battles become emotionally charged, impacting the well-being of the children. One example of such conflict is the use of one parent’s shortcomings, real or exaggerated, to gain an upper hand in custody decisions. Another is how determining child support payments can become contentious, leading to protracted legal battles.

Conflict of Interest in Family Court

A potential conflict of interest threatening judicial independence in family courts is the financial incentives for judges who may receive campaign contributions from those law firms or parties that regularly appear in their courtrooms. This arrangement creates a business-like context where decisions may inadvertently favor contributors.

Winners and Losers of Divorce Litigation

According to 'Divorce Corp,' the winners of divorce litigation are often the legal professionals who earn fees from the disputes, while the losers are typically the divorcing parties who endure financial and emotional costs. To address the business-like nature of the family court system, reforms could include implementing a more collaborative approach to settle disputes out of court, reducing financial incentives that promote litigation, and promoting transparent practices to mitigate conflicts of interest.