• FAMILY LAW

We understand the financial and emotional complexity and sensitivity of family law proceedings for separating adults and for their children,  both in traditional and non-traditional families.  Parties to a divorce or other family crisis are frequently called upon to make some of the most important financial and parenting decisions of their lives, while under significant stress.  We work hard to respect and to address our clients’ emotional situations, while providing a commonsense framework for a plan to move forward.  We want to help resolve the issues as economically and efficiently as possible, so that client and children can move on, comfortable that the appropriate details are in place. 

In every case, our clients understand the options available, and are given the tools to realistically set goals, after understanding the costs and benefits of each.  We are prepared to conduct aggressive discovery, including using forensic accounting to determine the spouse’s actual income and assets. Our trained paralegals help our clients to produce the documents and financial disclosures required by the courts.  We pride ourselves on a compassionate and constructive approach, and on special attention to helping our clients to minimize the trauma to their children. We are AV rated as “pre-eminent” by the best known lawyer peer rating service, Martindale-Hubbell.

We offer four approaches to the divorce process. Three of them involve attempts to resolve the issues and present the court with an agreement which can become part of a decree. The fourth is litigation, where the parties, unable to resolve their dispute, present some or all of the issues to a judge for resolution.

MEDIATION

Participants can work with a mediator as an alternative to litigation.  A mediator is a trained facilitator who works with both parties as a neutral. All sessions with the mediator are confidential.  However, a mediator does not represent either party and, therefore, cannot offer legal advice to either. A mediator provides information and guides both parties towards resolution of their disputes.  The mediator helps them to identify the issues to be resolved, develop methods for better communication , and work toward an agreement that will ultimately be accepted by the court. The mediator  can also prepare a written legal agreement for presentation to the court, and assist the parties with meeting all of the court's requirements.  Mediation can provide the tools to obtain a divorce, and to build a post-divorce relationship that will minimize the need for litigation in the future. Attorney Beth Stomberg of our office is trained to provide mediation services.  More information about this work can be found on our mediation page. 

 Often, parties choose to seek legal advice from our office when they are working with a mediator elsewhere. All of our attorneys work with individual clients whose cases are in mediation with outside mediators to provide advice and assistance on particular issues. How much assistance and consultation are needed before an agreement is signed depends on the client.

  - Some clients choose coaching and preparation sessions with our attorneys and/ or an accountant before certain mediation sessions so that the client has an overview of the issues and is informed of the legal and tax ramifications. 

 - Some clients come for a review of the proposed agreement and preparation of their financial statement and assistance with the court hearing. 

 - Some people choose attorney-assisted mediation in which our attorney attends sessions along with our client and mediator, so that there can be on-the-spot advice in reaching a resolution, particularly on complex or difficult issues.

NEGOTIATION 

Many clients settle  their divorces through meetings between counsel and the parties.  After the exchange of financial documents and other information important to the case, one or more meetings identify the areas where there is agreement, and clarify where the parties differ.  If proposals or more information can resolve the disputes, the lawyers prepare a written agreement and financial statements.  If one or more issues remain, they are presented to the court which will resolve them.

COLLABORATION

Collaborative divorce is a special form of negotiation.  It is for couples where both are willing and able to work toward trust, and want to preserve good communication. The parties and their lawyers pledge to be transparent in exchanging information and proposals, and make every effort to resolve the matter outside of court. The parties often   emphasize what is important to them, rather than what may be important legally.  Information is exchanged freely.  All participants try to offer creative suggestions in a relaxed atmosphere of cooperation.  The process often takes at least as long as litigation, and is time intensive.  Because of the careful focus on issues of personal importance and the time investment, it is often as expensive than litigation.  The attorneys assist the parties in presenting the agreement to the court. Our attorneys are trained in this modality.

LITIGATION 

Litigation is a fourth track which begins for a variety of reasons.  Some cases turn quickly to litigation because of a history of or potential for violence and the need for a restraining order.  In other cases, there is a need for immediate support,  the other party is disposing of assets, or there exists an inability to co-parent cooperatively, a spouse who will not accept the idea of divorce, or one who is unwilling to engage in good-faith negotiations.  The approach to litigation needs to be tailored to the client’s goals, cost constraints and the complexity of the matter.  Many cases settle before trial, but our lawyers treat every case as if it will be tried, preparing carefully in accordance with the client’s budget and the demands of the case. 

Our firm also welcomes, and has the experience to handle, modification of existing divorce decrees, interstate custody and support matters, disputes regarding custody, visitation, child support and alimony, college contribution, paternity adjudication and support, and pre-marital agreements. We have criminal expertise, and handle domestic abuse orders and allegations of child abuse.