DIVORCE

REPRESENTATION 

When our firm is retained in connection with a divorce proceeding, our major priority is empowering the client. Many clients come to our firm with varying types of cases, which most of the time, don’t have the same emotional and personal impacts as a divorce. Matrimonial, Divorce, and Separation proceedings, however, have added pressures and stresses which may follow you home and through your daily routines. We truly understand this. Because matrimonial matters are so close to the heart, we focus our strongest commitment on helping the client feel empowered every step of the way. Our team will always be your voice, your sword, and your shield. 

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In the simplest of terms, when two people get married, the marriage combines the parties into one. The purpose of the divorce is to now separate the parties, disassemble the marital estate, and shepherd the assets and liabilities to the appropriate party. In the case where there are children in the family, several issues may have to be addressed such as custody, visitation, and child support. As you can see, a divorce proceeding can be complex litigation, making it ever more important that you have an experienced attorney fighting for you and standing by your side. 

 

Generally speaking, there are two categories of divorce proceedings we can pursue: a contested divorce or an uncontested divorce. A Contested Divorce does not necessarily mean the parties are disagreeing to get divorced (although that is certainly a possibility). The parties may simply have a lack of agreement as to how issues within the marital estate should be resolved. Some common issues being the marital residence, division of debt, division of pensions, child custody, etc. These issues can be hotly contested and therefore require a full proceeding or even trial. In truth, divorces can be expensive depending on how hostile or complicated the proceeding becomes. This is not meant to discourage you but to make sure you are fully aware. Rest assured, our firm will make every effort to keep costs low. There are also other options available to insulate you from expenses. In some instances, one spouse may have to reimburse the other spouse for his/her legal fees.  

 

On the other hand, an Uncontested Divorce occurs when the parties mutually agree on several items surrounding the marriage. Our firm will always push for the matter to be uncontested as this saves our clients time, money, and stress. Although this is not always achievable, our team has your interests at heart, fighting for you when it makes the most sense and working with the other side when it is most feasible. Keep in mind that it is not uncommon for a contested divorce to become uncontested during the proceedings. In most cases, it is better for you and the other party to make the decisions together, versus having a judge decide for you both. A separation agreement will be drafted, executed by both parties, and is then presented to the Court with a large volume of other required documents for the Judge’s execution, effectuating the divorce. Usually, court appearances will not be necessary and a decision is rendered solely on the submission of papers. 

 

Another option many clients seek is Mediation. In mediation, our firm does not represent one party but rather guides both parties. Our mission is to help lead you both to a mutually beneficial agreement as to how the marital issues will be resolved outside of court intervention. It is important to note that mediation is only advisable if there is clear communication between the two parties. In addition, we always advise both parties that mediation can potentially break down throughout the process and therefore leave the case at step one. Similar to an uncontested divorce, a separation agreement will be drafted with both of your wishes reflected and submitted to the court for execution. Many clients opt for mediation as only one attorney has to be retained and the legal fees can be split evenly, generally keeping costs much lower than a contested divorce.

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At your free consultation, we will present you with all options we believe are suitable to your specific case. Our office recognizes that cost can be an issue, so we do offer personally tailored payment plans. We understand it can be expensive and hate to see a client walk away due to cost. Another point to note, we also have the ability to make a motion to the court to have the other spouse pay for your legal fees if you are the lesser monied spouse. Our firm cannot promise the Judge will grant such a motion, however, we will make every strong argument in support of this application. 

 

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Should you require the services of an experienced divorce attorney, please feel welcome to give our office a call. Consultations are always FREE and our prices remain competitive! For more tailored information, please click the relevant links above. We look forward to speaking with you and helping you move your life forward!