Divorce is always stressful, but there are certain aspects of the process that many people find worse than others. The public exposure of your private struggles can be humiliating, and the amount of time you have to spend waiting for hearing dates can be frustrating. You may also feel like the most complex issues you have are not getting the individualized attention they deserve from an overburdened court.
This is where a private judge may be useful. California Code of Civil Procedure – CCP § 638 allows divorcing spouses, upon agreement, to hire a private “referee” (usually referred to as a private judge) to preside over their case. Typically, this is a retired judge with extensive experience in family legal matters. Once approved by the court, the private judge can hear evidence, decide disputed issues and issue enforceable rulings.
What are the advantages and disadvantages of a private judge?
One of the top benefits of a private judge is that couples get more control over the timeline of their divorce. Instead of fitting into the court’s crowded schedule, the parties may be able to schedule their hearings quickly and conveniently. When one or both spouses have busy careers and a lot of obligations, that can be a huge relief.
Another advantage is that private judges have the time to become deeply familiar with the details of the case, and that can allow them to make well-considered and nuanced decisions that are tailored to the unique family situation. That can be very helpful when the divorce involves difficult custody issues, disputed income, business valuations and substantial property issues.
Finally, there is more privacy. While the final decrees and filings with the court generally remain public, the exact proceedings are removed from the public courtroom. That can minimize potential reputational damage, in some cases, as sensitive family issues are worked out.
The only major drawback to a private judge is the extra cost. In addition to paying attorney fees and other expenses, the couple must pay for the private judge’s time. That is not an insignificant expense, so couples may have to negotiate to determine whether the bill will be divided (and how).
It’s also important to remember that a private judge’s decisions are binding, and it isn’t easy to change your mind and go back to the regular courtroom without good cause. Before agreeing to use a private judge, it is wisest to seek the guidance of a skilled divorce attorney. They can help you consider the pros and cons of that path.