Anderson & Boback Logo
watching movie Marriage Story divorce case chicago lawyers

Oscar-nominee “Marriage Story” Lessons in Divorce

Published
Categorized as Divorce, Divorce Litigation, Family Law

Sometimes movies reflect real-life providing us with an opportunity to learn a lesson or two. While watching the hit movie and Oscar-nominated “Marriage Story”, the storyline relative to divorce cases was depicted perfectly.

“Marriage Story” Lesson #1 – Choose the Right Divorce Attorney

The husband, portrayed by actor Adam Driver, hired an older, seasoned attorney who seemed to have a very nonchalant attitude in regards to his case. He was a very nice man – but he was not aggressive whatsoever. He was no match for Laura Dern’s character (the wife’s attorney) and he was putting his client in a position to be walked all over. He encouraged settlement and even commented about the aggressiveness of Laura Dern. Adam Driver’s character’s first attorney was a terrible match for him and his divorce case. However, he may have been the perfect attorney in an uncontested matter for a friend of Adam Driver’s, and someone could have sang his praises to Adam Driver. He simply was not the right attorney for Adam Driver’s character, nor was he a match for Laura Dern. Eventually, Adam Driver took the “if you can’t beat ‘em, join ‘em” approach and returned to the first attorney he interviewed whom he initially did not see eye to eye with regarding his case, nor his approach and legal representation plan.

Real-life Search for an Attorney?

It is amazing how accurately this reflected the real-life search for an attorney in a family law or divorce matter. Not everyone sticks with their first attorney, for a variety of reasons. Personalities play a gigantic role in how divorce cases proceed. Making sure the divorce attorney you select is a good match, not just for you, but also for opposing counsel and the Judge, are extremely important to the outcome of your case.

Choosing representation in family law cases such as divorce or paternity is an extremely personal choice. The fact of the matter is that there are many very skilled and excellent divorce attorneys in Chicago, in Illinois, and throughout the United States. However, the person who won your neighbor’s case for child custody (in Illinois, allocation of parental responsibilities) may be a wonderful attorney for your neighbor but could the worst attorney choice possible for you and your situation. Different attorneys have different styles, and not every attorney’s style works for every client or every type of case.

 “Marriage Story” Lesson #2 – Don’t Believe Everything You See

Another lesson from the movie “Marriage Story” is not to believe everything you see in the movies. There was an underlying portion of the movie which was very bothersome to me as a family law litigator, and that is the fact that no attorneys advised Adam Driver’s character from the very beginning as to the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). It seemed very likely from the timeline in the movie that New York had jurisdiction over the minor son in the Marriage Story and not the state of California since it appeared the absence from New York was new and temporary.

Jurisdiction and a Minor Child’s “Home State”

No one ever advised Adam Driver to consult with a New York attorney about whether or not it would have been proper to file a competing case there. In fact, the whole idea of jurisdiction over the minor child and the minor child’s home state was swept under the rug entirely. A parent cannot just pick up a minor child and leave the state in all situations. Depending on the reason for the departure, the length of the departure and the circumstances, some Courts have the ability to Order a minor child to return back to their “home state”. This was not even discussed during the movie and this is likely one of the first things any knowledgeable attorney would have discussed with Adam Driver at the beginning of the case. Don’t believe everything you see in the movies.

Overall, not everything is reality what you see in the movies. While the depiction of the various attorneys with different personalities was dramatic it was accurate in demonstrating how the personality of your legal representation may change the course of your case, the legal advice provided in the movie was not sound nor accurate. While “Marriage Story” is certainly an interesting story to watch, don’t rely on what you see in the movies. If you are pursuing a family law case be sure to exercise caution and obtain proper legal advice. You and your child’s future may depend on it.

Jessica Marshall is Partner at Anderson & Boback where she focuses her practice on divorce and family law.  From contested divorce and child custody matters to military divorce, Jessica is a passionate advocate with an unwavering commitment to her clients.  If you need a compassionate and personable divorce attorney dedicated to solving family law problems, contact Jessica Marshall.

Was this information helpful?

You May Also Like

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016,…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870