WWJD – What Will Your Judge Do?

In the late 1990’s there was a Christian movement of wearing bracelets embroidered with the letters WWJD. The letters were a reference and reminder to think about “What Would Jesus Do”. In divorce court WWJD takes on a completely different meaning; “What Will a Judge Do?” WWJD is the main thing to focus on when dealing with a divorce or custody issue.

Three opinions are involved in almost every divorce or custody fight. The husband’s (or father), the wife’s (the mother), and the judge’s. The husband thinks one way about all the issues being argued. The wife thinks another way. But the only opinion that matters is the judge’s opinion. In divorce court the judge is the jury! The judge represents 12 jurors of your peers, whose decision is all that matters.

Shane & Mary’s Case

Let’s take a look at a real-world example. Shane and Mary T.  are going through a divorce. They have been married for 17 years. They have two children, ages 16 and 12. They own a home with approximately $400,000 in equity. Shane drives an Audi. Mary drives a Tesla. Their bank accounts hold around $30,000 combined. Mary has a 401(k) with $150,000. Mary is a nurse earning $100,000 annually. Shane is a union worker earning $220,000 per year.

There’s no dispute about the community property nature of their assets. Both sides agree to equally divide the home equity, vehicles, bank accounts, and retirement funds. They also agree on joint physical custody and applying Nevada’s child support calculator to determine child support. The only point of contention is alimony. Specifically, how much Shane should pay Mary each month and for how long.

In Nevada, unlike child support, there is no set formula for alimony. There are general factors a judge must consider; length of the marriage, incomes, standard of living, etc. But the final number is entirely up to the judge. That’s where WWJD comes into play.

The husband might believe he’s being fair. The wife might feel she’s asking for what she’s owed. But ultimately, neither of these opinions decides the outcome. Only the judge’s opinion turns into a court order.

In criminal or civil cases, you might have a jury of twelve people making a decision. But in family law, the judge is the jury. One person determines who keeps the house, what the best custody schedule for the children,  who pays alimony, and any other issues that are in dispute.

You can argue all day that your side is more reasonable or justified. But if you’re not aligning your case with what the judge is likely to decide, you’re walking into court with a blindfold on.

Understanding the Judge is More Important Than Understanding the Law

At Right Lawyers, we know the statutes. We know the case law. But more importantly, we think about the judge. We don’t just prepare for court based on legal precedent. We prepare based on the judge’s tendencies, preferences, and patterns. Because while the law is written in books, justice is interpreted by people. And people have biases, preferences, and philosophies that shape how they make decisions.

In the Clark County Family Court, we have 26 different judges. Our attorneys have appeared in front of all of them. Over the years, we’ve developed a strong sense of which judges lean toward higher alimony, which prefer 50/50 custody by default, which scrutinize debt division more closely, and which prefer to avoid trials at all.

Some judges might see Shane’s $220,000 income and Mary’s $100,000 and think, “She doesn’t need much support.” Other judges might say, “She’s been married 17 years and gave up opportunities for a career because she raised the children.” Both interpretations are valid under the law, but different judges leads to very different results.

The Real Power of WWJD

In Shane and Mary’s case, we had a settlement conference with the judge. Before the meeting, I believed the judge would likely award Mary $1,800 per month in alimony. The opposing attorney believed the judge would lean closer to $500. The judge’s actual number was $1,500 per month.

Our $1,800 was not random number. It reflects our knowing the judge from previous cases.  This is where WWJD becomes a strategy.

Aren’t Judges Supposed to Be Neutral

Of course. And most are. But being neutral doesn’t mean being robotic. Judges are human beings interpreting broad legal standards like “just and equitable” or “in the best interests of the child.” There’s plenty of room for discretion, and every judge exercises that discretion differently.

Just like some umpires have a wide strike zone and others are more precise. Some judges are expand their view of the law while other judge’s have tighter views. If you’re walking into court without knowing your judge’s “strike zone,” don’t be upset when they call strike three.

Prayer Helps, But Strategy Wins

It’s tempting to dig in your heels or demand what you feel is right. But success in family court often comes from preparation (and above all) understanding your judge.

We tell our clients, half-jokingly, a little prayer, a lot or hard work, and focusing on what your judge thinks is how you win. So, the next time you are in Family Court, ask yourself WWJD.

Contact an Experienced Nevada Alimony Attorney Near You

If you’re facing a divorce or custody battle in Nevada and need guidance on alimony or other family law matters, reaching out to an experienced attorney is crucial. Our Nevada alimony attorneys understand both the law and the nuances of local judges, which can make a significant difference in the outcome of your case. Contact a skilled Nevada alimony attorney near you today to ensure you have the support, strategy, and expertise needed to navigate this challenging process with confidence.