In many cases, divorce can be a difficult and unpleasant life experience. When agreements cannot be made, people turn to the courts for a just solution. In Alameda County, residents going through this hardship are faced with an unstable system that does not allow for justice to be served.
The 2016 Court Statistics Report, published by the Judicial Council of California, states that 12,773 Alameda County Family Law filings were made in the fiscal 2014 - 2015 year. Splitting the caseload for such a high number of filings between the 8 appointed judges (or commissioners) in 2014 and 9 appointed judges (or commissioners) in early 2015 results in overwhelmed decision makers scrambling to get through approximately 1,500 cases per year, frequently continuing cases for dates 6 months or more in the future (when a new judge may be appointed or the case transferred to a different department). It is not possible to allot each case the time needed to determine what is in the best interest of all parties, including any children that may be involved, resulting in poor judgments, orders and findings while increasing broken families, undue hardship and making co-parenting unlikely or impossible. A data analysis by DoneWithDivorce.us (DwD) found that a Family Law case filed in 2014 had a 40% chance of having the same judge and department if it was continued to 2015 and that year over year there is approximately a 30% chance of having the same judge and department the following year.
Compounding the difficulties of navigating the convoluted Alameda County divorce process, each judge can have their own subjective views and interpretations of a case and the law. Conflicting and unclear orders are often made adding to the confusion about a case when the next judge is appointed, requiring more time to resolve issues, and thus, greater delays and additional hearings.
Furthermore, the regular changing of judges and departments leads to unannounced changes to hearing dates, often without informing the involved parties, or worse, only informing some of the involved parties. While one party may be trying to do everything right, not being aware of the Alameda Co. Family Law's shortcomings can have life changing consequences (such as the loss of assets or custody of children), and they may be penalized in court.
The process of divorcing in Alameda County can itself be traumatizing, particularly when someone finds themselves at the mercy of an unstable, overwhelmed, and highly subjective court. Should one overcome the fear of their personal situation while in the hands of Alameda Co. Family Law and attempt to voice the injustice they experienced, they will quickly find that this process is equally as confounding, circular, expensive, and unproductive.
Substantial changes and reorganization need to occur for the Alameda County Family Law system to properly serve its residents and have the ability to provide justice. For now, staying informed and sharing knowledge appears to be the only recourse and best protection available when embarking upon or enduring the divorce process in Alameda County.