The Reality of Family Court - My Intern's Perspective.
Below is an account of my intern’s experience shadowing me (Joseph Kwon) in the domestic docket in Davidson County (“Family Court”). I thought her perspective would be very helpful for many folks to read about because it not only captures what laypeople see, but also, highlights the emotional impact of these legal proceedings. So, here’s Jorden’s own words:
Jorden Tyska
2019 Pre-Law Intern at Joe Kwon Law
Social Justice Major at Trevecca Nazarene University
Graduation date: May, 2020
I come from a divorced family, and I had no idea just how messy family court could be. My parents divorced when I was 2 years old and the court hearings and custody battles didn’t end until I was in elementary school. I saw my parents fight, but what someone who comes from a divorced family doesn’t know is just how costly and painful the proceedings, motions, and hearings can be.
When entering the courtroom as an observer, it is immediately clear to see the diversity sitting inside: families with children of all ages, people sitting by themselves, and even lone attorneys just simply representing their client. The cases ranged from a set of two lawyers divorcing and representing themselves, doctors divorcing and owing each other hundreds of thousands of dollars, custody battles, parents arguing over parenting styles, and more. There isn’t anyone who isn’t potentially affected by divorce. But, the most heartbreaking part of visiting family court was seeing those who represented themselves. From what I could tell, it wasn’t a personal choice, it was a matter of not having access to an attorney. The difficulty of pro se proceedings was immediately clear; many people struggling to communicate with the court and understand the formalities. What makes it even more difficult is if you have to share personal and painful pieces of your life in front of a room of strangers; ultimately contributing to the outcome of your family. Family court is a very vulnerable place, and the emotions are carried outside of the doors. Despite not seeing what happened inside of the courtroom, I was able to see this as a child myself.
From being a child of divorce and seeing the cases on a family court docket first-hand, I believe in two things. I believe each person should seek an attorney. There are lawyers who are wanting to reach those without an income and can make a plan for their services. An example who a local Nashville attorney, would be Joe Kwon. Joe Kwon is an experienced family lawyer who has based his firm on a flat-rate scale for services with payment plans available for those who need it. Secondly, I believe more families should seek the collaborative justice route when it comes to divorce proceeds. Divorce IS hard; it is so much more than just separating. It is a matter of when you will see your kids, where you will live, and losing someone you imagined you would spend the rest of your life with. Therefore, collaborative justice removes the aspect of there being a winner or loser and instead invites a problem solving atmosphere. Collaborative justice is a process of mediation and negotiations with the goal of a less costly and painful process. This process is also more accessible to all communities and walks of life.
As previously mentioned, family law affects people from all walks of life. If you do find yourself in this situation, I would suggest to explore your options. What could be the least time consuming process? Is this process something that doesn’t need to become a fight? What will make me happiest at the end of the day? All of these are important questions to navigating the next legal steps. Lastly: yes, family court is messy, but how could you make it better?
- Jorden Tyska -