What is distinctive about your law firm ?

The “dispute resolution process” - in other words the approach brought to solving your case is not one-dimensional - it is tailored to your dispute, and issues. If your issues can be dealt with in an expedited cost efficient way, for a fixed fee that should and will be the focus of our initial inquiry. To over-simplify, psychologists utilize two general categories to define attorneys: “ problem solvers ” or “ conflict enhancers”. At the outset, in conflicted disputes, the emotional tendency when one feels threatened is to seek an attorney who will “fight for me”. If you are successful the end result may well be a contested litigation that lasts for one or more years.

If you are seeking preliminary legal advice and not certain how or whether to proceed, the focus of our discussion will be answering your questions with a view towards solving problems. The focus will not be on lobbying you to begin litigation when you are not ready.

If you are facing the challenge of aggressive and hostile litigation, then you need legal counsel who is both seasoned in dealing with legal conflict, and adept at developing an effective strategy to achieve a favorable outcome.

How Long Will The Divorce Take?

Ninety to One-hundred & Fifty Days: Where issues are contested, information needs to be gathered, and assets need to be valued. In these cases the Court steps in to manage the dispute and set firm time dates for future Court events and for completion of steps necessary before the parties will be in position to settle or try their case.

One Year or more: Where the Court is required to actually hear a case to completion and then write a decision after trial. Very few cases, less than five [5%] percent of all divorce disputes continue through trial and require decision by the Court. Thus 95% of all cases are settled. As one family court judge was fond of saying: “It takes about two hours to settle most divorce cases. You have a choice, being reasonable at the outset or putting your life on hold for years while the dispute continues. In the end, it is highly likely [95% likely] your dispute will settle without trial.”

As you read this you can gauge approximately how long it will likely take for your family case to resolve or be tried. To a considerable extent emotions and personalities drive the dispute. Thus the variables involved in order of importance generally are:

• The intensity of feelings and whether there is an inclination to settle;
• The tenacity and desire for litigation of your spouse and the lawyer your spouse has selected.
• The number and complexity of the contested issues;

How Much Will It Cost?

Every effort will be made to quote an exact fee in your case. Fixed Rate legal fees can be as low as $1,000.00. It is impossible to settle on a fixed fee for legal services in cases where major issues are contested, the intensity of the parties' feelings prevent early resolution of complex issues. If the parties want to settle, make compromises, and end the matter quickly, they can do so. If the parties do not trust each other, want complete discovery of all assets and liabilities, and argue many issues to the bitter end, the process becomes very long, drawn out, and expensive.

If you are visiting this site and are are already divorced but facing a re-application to the Court over issues such as: changed financial circumstances, emancipation of children, or relocation of children out of State, then every effort will be made to provide a flat rate for legal representation in such circumstances. How much will depend upon the complexity of the issues, ranging from a low of $1,000 to have a child declared emancipated.

What is the key to choosing the best divorce lawyer to represent me?

Apart from professional excellence, the key is to choose a person with whom you feel most comfortable and confident. You will be working and communicating with your attorney on a near daily basis during this difficult, emotional and financially stressful time.

Ask yourself the following: Will my attorney listen to what I have to say and address the issues that are important to me? Does my attorney have the necessary litigation and trial experience to protect my financial interests and entitlements ? Will I receive “straight talk” as to the strengths and weaknesses of a position I wish to take. Will I receive an overview of the time line in my case and the likely outcome.

Do I have to go to court to obtain a divorce?

Yes. A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Since most cases settle, in “settled cases” the Court proceedings are generally perfunctory requiring only a brief appearance so the Trial Judge can be assured that the settlement reached is the product of your knowingly and voluntary decisions.

How can I protect my children from emotional damage?

(a) By working collaboratively with your spouse to protect your children from the emotional pulling and hauling that takes place in many families when parental emotions are out of control and there is a fear that the children will be lost.

(b) By reading a self-help book dealing with children of divorcing families. We recommend and hand out at no charge to our clients: “Divorce Poison, by Richard A Warshak.”

© By joint consulting a child psychologist so that the focus remains on decisions that advance the child’s best interests rather than what either parent may want for themselves.

(d) By each parent directing legal counsel to keep child related issues separate from financial issues, and not bargain one set of issues against the other.

How does the Court assure I will receive support regularly?

The Court generally orders support to be paid via a wage garnishment through the Fiscal Unit of the Court. The court then keeps an accounting and tracks payments made, and has the ability on its own motion to enforce payments that are not made. Formerly this was done in only a limited number of cases and there was a stigma attached to payments by way of a wage execution or garnishment. Now it is done in a great many cases.

How does the Court assure that the children will not be kept from me?

The general complaint of parents who do not have the primary care of their children has always been that the Court was very good at “making me pay” child support, but very poor at making sure “I see my children.” Now there is a Court rule providing a range of enforcement options for trial judges to utilize where a parent without cause blocks visitation, ranging from “make up time”, financial sanctions, loss of primary custody, punitive damages, and incarceration.

Will I be charged for an initial consultation?

No: if the initial consultation is a get acquainted meeting where general questions about divorce are asked. Yes: if you are seeking a “second opinion” or asking complex questions as to how best to proceed or position yourself in the litigation. I that event a flat rate of $300.00 will be charged for up to 1.5 hours of legal time.