Typically, when lawyers watch television shows involving the practice of law, there is a certain allowance given for the dramatization of the practice. We may yell some objections at our television screens during courtroom scenes, or laugh about how you never see a lawyer drafting any pleadings during the episode, but typically, a good legal drama can win over even the most skeptical attorney. However, the “all in good fun” mindset we typically have for lawyer-driven television cannot excuse the latest streaming legal soap opera, Kim Kardashian’s “All’s Fair.”
Set in a law firm focusing solely on family law in Los Angeles, “All’s Fair” follows five female divorce lawyers as they navigate their cases and their personal lives, all while clad in the most outrageous “office attire” ever aired on television (ok, maybe second-most outrageous). What is most frustrating about this latest law drama is that it perpetuates some of the most pervasive myths clients have about the divorce process, and this will only fuel future clients’ disappointment once they have a consultation with a real divorce attorney.
The experienced attorneys at Brousseau Naftis Erick & Massingill, P.C. have represented clients in family law matters for decades. For more information, contact us today for a no-obligation consultation.
Myth #1: It’s easy to ‘bust’ a prenuptial agreement.
In “All’s Fair,” which focuses only on high-net-worth divorces, many of the divorcing couples have a prenuptial agreement. However, the attorneys on the show advise their clients as though prenuptial agreements are easily discarded — either because of some silly fact pattern that invalidates the entire agreement or because the legal team discovers some life-ruining dirt on the other party that will force them to set it aside (see Myth #2). In reality, in Texas and in most states, prenuptial agreements, when properly negotiated and executed, are enforced as written.
While there may be questions of interpretation or tracing, the agreements themselves are very difficult to invalidate. Furthermore, if one provision of a prenuptial agreement is ever found to be unenforceable, it does not invalidate the entire agreement — just that one provision.
Myth #2: All you need to ‘win’ your divorce case is to catch your estranged spouse in the act… And this is easy to do!
On the show, one of the attorneys acts as the private investigator, and she not only engages in the typical type of surveillance, but she also hacks into computers, phone systems, tax records, internet searches, or any place where dirty business can be found. Once she finds something (and she always does) the attorneys use this information to get the other side to capitulate to their demands for settlement.
In reality, it is not always easy to uncover a spouse’s shady behavior, and when you do, the effect is not typically as dramatic as “All’s Fair” makes it seem. Blackmail is illegal, so while a spouse may, in some circumstances, agree to a quick settlement to keep secrets from public view, typically being caught “red handed” in something is not common, and it does not usually end the case.
Myth #3: All cases are tried in the conference room.
There is a scene in every episode of “All’s Fair” in which Kim Kardashian and her fellow attorneys sit on one side of their conference room table with their client, while the husband and his attorneys sit on the other side of the table. Settlement offers are exchanged, a bombshell is dropped, and the husband settles, tail between his legs. In all of my years of practice, this scenario has never happened.
Most of the time, cases settle at mediation, not face-to-face in an office meeting, and settlements usually occur after discovery has been done, inventories have been exchanged, and maybe some hearings have taken place, too. As far as we can tell, no attorney at KK’s law firm ever deals with written discovery requests, Bates labeling, or hearings on temporary restraining orders. Setting the expectation for a client that attorneys can quickly and easily settle a case without going through the standard legal process is unrealistic.
$10 Per Month With Ads Won’t Resolve Your Case
While “all’s fair” for Kim Kardashian and her band of legal eagles, it is not fair that the show adds to the many misconceptions clients have about the divorce process and the reasonable outcomes (as well as the clothes we wear to handle these issues). If someone has questions about embarking on the path of divorce, we recommend they consult an attorney who practices family law in their area. Just as you shouldn’t consult Dr. Google for a medical issue, you shouldn’t seek counsel from The Law Office of Hulu, Esq.
