The Department of Justice describes therapeutic jurisprudence as a relatively new legal concept that combines the “principles of justice” with insights from the mental health community. In the context of divorce appeals, the goal of therapeutic jurisprudence is to protect the mental well-being of families and minimize lasting psychological harm. One of the most interesting aspects of therapeutic jurisprudence is its interdisciplinary nature, as it implements knowledge from both the legal world and the science of psychology. How exactly does this process benefit people filing divorce appeals in Tennessee? Do spouses have opportunities to utilize therapeutic jurisprudence strategies when navigating their divorce appeals? These are questions that an experienced divorce lawyer may be able to help answer. To explore this concept in greater detail, dial (888) 748-KING for King Law Offices. We maintain offices in Washington County, Tennessee.
What Is Therapeutic Jurisprudence?
Also known as “therapeutic justice” or simply “TJ,” therapeutic jurisprudence was conceptualized by David Wexler and Bruce Winick in the late 1980s. These two law professors used the term therapeutic jurisprudence to describe the intersection between psychology and legal action. Specifically, they acknowledged that legal outcomes could lead to negative psychological outcomes. Based on this assertion, Wexler and Winick supported legal reform to improve mental health outcomes for those navigating the justice system. Some argue that litigation is inherently adversarial – pitting two parties against each other and encouraging each to “win” at the cost of their opponent. This combative structure often leads to lasting bitterness and various mental health impacts – outcomes that therapeutic jurisprudence strives to avoid.
Many strategies and methods associated with therapeutic jurisprudence existed before the concept came to light – especially in family courts. For example, divorce mediation is closely aligned with therapeutic jurisprudence – as this process is inherently less adversarial than trials. One might also argue that collaborative law aligns with therapeutic jurisprudence principles. The concept of therapeutic jurisprudence is not without controversy. Some believe that the cold, “unfeeling” structures of our legal system are fair and unbiased. After all, justice is blind. Critics of therapeutic jurisprudence argue that the letter of the law – and not our feelings – should guide all outcomes.
What Are Divorce Appeals?
A divorce appeal is a legal process that occurs after the family court issues an initial decision. When a spouse files a divorce appeal, they request a higher court to re-examine the decision. The goal is to push back against the initial ruling and achieve a more favorable outcome. For example, a concerned parent might appeal the decision of a family court after losing custody during divorce proceedings. Alternatively, a spouse might appeal an alimony ruling after losing access to support payments due to alleged adultery.
One cannot appeal a decision on a whim. In order to be successful, an appeal must highlight a substantial error by the lower court. This might be a misapplication of the law, the failure to admit certain evidence, or some other type of oversight. The stakes are relatively high during divorce appeals, and spouses take on considerable risk when filing these appeals. The process often leads to higher legal fees, and appeals can be time-consuming. As a result, spouses should carefully weigh the pros and cons of this decision before proceeding.
How Does Therapeutic Jurisprudence Affect Divorce Appeals?
Appeals can only occur after trials. As a result, spouses who file appeals have already failed to utilize less adversarial strategies to resolve their disputes. Alternative dispute resolution (ADR) is a common (and often mandatory) first step for spouses navigating divorce. Examples include mediation, collaborative law, and arbitration. Although these strategies are all slightly different, each can significantly improve mental health outcomes. The goal of ADR is to avoid the combative, adversarial nature of trials and litigation. The filing of an appeal implies that these strategies failed, that the case proceeded to trial, and that the outcome was unsatisfactory for at least one party.
So what kind of role can therapeutic jurisprudence play in divorce appeals if trials have already taken their toll on the mental health of families? As the Seattle University Law Review notes, appeals are part of the adversarial legal system and the “argument culture” that underpins it. However, appellate courts may be more interested in exploring alternative solutions that truly end these arguments once and for all. In addition, judges are now receiving training on therapeutic jurisprudence principles, and they may be more aware of the potentially negative mental health consequences of their decisions.
Mediation Can Occur During the Appellate Process
Mediation and alternative dispute resolution can occur at any stage of the divorce process – including during appeals. Although this process is somewhat new, an increasing number of appellate judges are using mediation to resolve divorce-related disputes. In this respect, therapeutic jurisprudence is often a “last resort” for spouses trying to resolve their differences. It represents one final chance for spouses to control this process without throwing themselves at the mercy of family court judges. That said, the spouse who previously enjoyed a positive outcome in the lower court may not have much incentive to engage in these discussions.
Explore Therapeutic Jurisprudence With King Law Offices
Therapeutic jurisprudence plays an important role in divorce law today, especially when one considers the potential for serious psychological harm during divorce appeals. A divorce can cause lasting rifts between families, and these feelings of bitterness could last for lifetimes. Although some degree of emotional turbulence is inevitable during divorce, parties should do their best to minimize psychological harm with effective strategies rooted in mental health principles. This goal may be especially important for divorcing parents who want to ensure positive psychological outcomes for their children. Experienced divorce lawyers in Tennessee should understand these goals and help spouses pursue them. To explore therapeutic jurisprudence in more detail, dial (888) 748-KING to speak with King Law Offices. Spouses can find our offices in Johnson City, Tennessee.