Comparison Reasoning to Use With an Attorney in a Divorce

According to Education.com, comparative reasoning, or inductive reasoning, involves the use of past experience and common sense to arrive at a conclusion. Comparative reasoning is helpful when dealing with a spouse's divorce attorney.

  1. Reasoning From Specifics Within the Case

    • Although "what's good for the goose is good for the gander" may not turn up in your state's domestic relations code, lawyers recognize that taking a position makes it hard to justify later denying the opposition the benefit of the same logic. Identify an instance where a judge agreed with the lawyer on a similar point to explain why you should prevail this time around.

    Reasoning Through Case Law

    • Binding case law in your jurisdiction can help you demonstrate your points to your spouse's lawyer when you can cite cases with fact patterns similar to yours. If an appellate court agreed with a litigant in your shoes in the past, the other side may have to concede on that point.

    When Reasoning Fails

    • If you cannot reach an agreement with the lawyer despite the exercise of sound comparative reasoning, you may need to reason with the judge at trial. Bring copies of applicable cases and statutes and be prepared to argue why these appy to your case.

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