Do you have a client who is resisting your advice to start an Application in family court?

Do you have a client who is resisting your advice to start an Application in family court?

It is common, and here's why:

Female clients often have fear about going to court. This fear derails them from taking the steps they need to divorce a high-conflict ex.

The fear of going to court is caused by a whole lot of noise in their brain that may come out as:

  • My ex will be vicious if I start a court proceeding…
  • I just want peace…
  • I don’t have the funds to go to court
  • I don’t want the children to be harmed

Your client wants a fair settlement and a child-focused parenting plan but she is too afraid to do what is needed to make that happen. She is afraid to take your legal advice and use judicial intervention.

Until you can clean up the noise in her brain, you will have trouble getting the instructions you need to move her matter forward and your interactions may be frustrating.

How can we help her?

First, recognize where this noise may be coming from:

  • Her parents may have raised her to be agreeable and not make noise (internalized patriarchy)
  • Her religious institution may have indoctrinated her that it is the role of women to serve men
  • Her friends and family are giving her well-intentioned advice like the only people who win in court are the lawyers
  • Social media creates a lot of fear about family court
  • Her lived experience has solidified this idea about going to court. To stay safe in the marriage, it was a successful strategy to put up and shut up rather than assert her opinion or rights.

Next, recognize that in her mind the following ideas may be true:

  • She thinks it is safer for her not to go to court.
  • She thinks going to court will cost her more than waiting and hoping for her ex to be reasonable.
  • She thinks that peace is the ultimate goal and prioritizes it over fairness and an optimal parenting plan.

You need to shift her thoughts. Or refer her to me, because this is my day job. These flawed thoughts can be shifted with coaching. She needs to be shown what is true and how the world actually operates. Only then will the fear of going to court abate.

Peace is not the ultimate goal

If she thinks she wants peace above all, she is simply misinformed. Your client wants what is best for her children more than peace. Ideally, she wants both but if she had to choose, the children would win every time.

She also wants fairness for 2 reasons:

  1. Financial need
  2. Your client may have spent the last several years jumping through hoops on fire keep her spouse happy. She has thrown her wants and needs under the bus in pursuit of avoiding divorce. None of that effort was fruitful. Without fairness, she will not ultimately feel peaceful.

Not going to court will cost her more

If she thinks avoiding court while divorcing a vicious ex will save her money she is again misinformed. We need to help her. We need to show her how every day unsettled is like lighting 100-dollar bills on fire. She is not cognisant of the fact that her ex is collecting interest on the marital assets while she is waiting in the hope that s/he becomes reasonable.

She needs to be disabused of the notion that avoiding judicial intervention is cheaper. She needs to be shown that sometimes having a successful divorce requires the willingness to go to war. This is very counterintuitive for her. We need to show her that the mere willingness to go to war is the exact energy that will keep her off the battlefield.

Sometimes the best way to avoid court is to march to court

Your client has no idea that settling with a narcissistic ex requires judicial pressure. Once she understands this she will want to go to court.

That was my experience when my senior family law lawyer told me: The best thing for you to do is to march straight to trial as quickly as possible. And guess how that ended? Not with a trial. With a successful negotiation. I will be forever grateful for that one statement that shifted my errant thoughts and expedited my divorce.

Your client is spinning is a bunch of brain drama that needs to be debunked. Send her over to my Lifeline Sorority for some brain rehab. Watch the ideal client emerge.


Elaine Goldhammer, MD

Inner Freedom Therapy uses hypnotherapy and life coaching for fast, effective results. Clients get out of pain/stress/anxiety cycles and become fully engaged in their lives again.

1 年

yes, I get this, going to court must feel like a perpetuation of the abuse or pain of a bad marriage after already making the brave move to divorce

Diana Murphy

Life & Mindset Coach for Business Owners & Leaders | ?? Podcast: The Leader's Table-Powerful Conversations That Matter

1 年

Stacey is such a powerful and effective expert in this space. I love how she is directly addressing this pattern she sees. We can all benefit from her advice in supporting our clients in divorce.

Mary Auld-Kovacs

Retired Civilian Dispatch/Security Military Police Section

1 年

The fear is greater if the woman are stay home moms, no Income to steal so the courts steal our children. The family court system are profiting on our kids for cash.

Trina Graham

Key Account Manager, Oncology

1 年

Please message me

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