Divorce is one of life’s great challenges. After all, no one gets married believing that it will one day end in divorce. No matter the situation, facing divorce requires a law firm that bears the experience, reputation, and commitment to see each case through to a successful conclusion. Divorces come in all shapes and sizes, but the process of a divorce is largely similar no matter how complex or streamlined the case may be.
We commence each divorce case with an initial consultation with the client. The consultation is an interview between the lawyer and the client where introductions are made, information is exchanged, and the issues of a case are first discussed. Our consultations are confidential and are always offered as a courtesy to our clients. Divorce cases are emotional and difficult, and we believe that this is a valuable time learn about each person we represent without anything standing in the way.
These days, divorce proceedings can take many forms:
An uncontested divorce is one where both parties agree on the result ahead of time and are seeking counsel merely to formalize the arrangement that they have already committed themselves to with each other.
A mediated divorce is one where the parties employ the services of a neutral attorney and guide to help advise them on the legalities of their situation, understand and identify issues, quantify, and value assets, and ultimately, to negotiate the issues in a divorce privately, outside of a courtroom, and without the tremendous financial and emotional expense that is traditionally associated with litigation.
Finally, there is contested divorce. It’s a fact that sometimes people just can’t agree without a little help and a little guidance. A contested divorce often sees two people, each represented by lawyers that they have chosen, working through settlement negotiations or the litigation (court) process, to achieve a resolution either by negotiation or trial. In that situation, each party is guided by their own lawyer in collecting information, engaging in negotiations, resolving temporary issues, and appearing in court. Thankfully, even in contested divorce situations, over 90% of divorce cases are eventually resolved by a negotiated agreement and not by a judge at trial. While trials are rare, they are reserved for the most difficult of issues where negotiation just isn’t possible. Over the course of our careers, we have steered our clients through dozens of hearings and trials so that their claims, positions, and beliefs are adequately expressed to the Court through testimony and evidence.
In complex matters or high net worth cases, we believe that identifying assets, valuing those assets with the help of competent and trusted experts, producing the right documents, engaging in tax and wealth management planning, and preparing the case for successful settlement, are the hallmarks of high-quality representation. In cases that feature more streamlined assets and issues, we believe that the correct approach is to represent our clients with efficiency and intention to ensure that the process does not take any longer than the situation requires and to ensure that the issues that do exist are handled with care and thoughtfulness.
However, regardless of the complexity of your case, our firm believes that the relationship between lawyer and client is a partnership. In their most challenging times, we have observed that clients want to be heard, acknowledged, informed, and counseled by lawyers that they trust to get the work done. Our decades or practice in courts all over Long Island and the Five Boroughs have helped us gain the perspective, reputation, and knowledge to turn your divorce into a successful new beginning.
Over the years, we have learned that at the very beginning, most clients share very similar basic concerns. Here are some answers we have developed over time that may help you understand the divorce process just a little bit better…
This is it…The one question that every divorce lawyer gets asked more than any other. And truthfully…if there’s a family lawyer who answers that question for you, they are probably guessing. The divorce process requires the cooperation and hard work of both spouses. It also requires each side to have lawyers committed to a successful resolution of their client’s disputes in a way that brings their positions closer together rather than farther apart. There are divorces that are resolved in a very short time and there are divorces which take a very long time. We have observed that the average time for a contested divorce is somewhere in the 6 months to 12-month range. However, if a trial is needed, or there are complex issues which require discovery or valuation, that timeframe can often be significantly extended. It is also worth knowing that a “divorce” does not happen when the parties sign their settlement agreement. Like all things “government,” it takes about 4-6 months following the settlement of a divorce case before the final Judgment of Divorce is issued.
This is another question for which there is no right answer. When a divorce is uncontested or mediated, the costs are generally much lower than when a contested divorce proceeds to litigation. Litigation brings with it a range of costs which include legal fees for paperwork and motion practice (the official term for a document which asks a court to act on behalf of a party), court appearances, experts (accountants, appraisers, custody evaluators), and the discovery process. Our firm believes that a lawyer’s focus in each case should be to do the work that is reasonable and necessary under the circumstances, and to be transparent not only about the likelihood of a achieving a particular result, but also the cost of achieving that result when compared with other possible courses of action. For a better idea of the complexity of your case and a recommendation on possible cost, we would recommend a confidential consultation tailored to your specific needs.
There are so many articles about custody and parenting time circulating on the internet that a basic web search can leave you dizzy and uncertain. However, to keep things simple, there are three components to each custody agreement or decision. The first is legal custody. Legal custody refers to the right of parents to make decisions effecting the health and wellbeing of their children. Today, the law recognizes sole custody (where one parent has the right to make major decisions), and joint custody (where both parents have the right to make decisions according to their agreement). More and more, parents in divorce and divorce experts are encouraging parties to come together in joint custody arrangements. However, in situations of domestic violence, abandonment, drug or alcohol abuse, or other delicate matters, sole custody is still a result which may be sought and may be considered appropriate depending on the circumstances.
The second component of custody is residential custody, which simply refers to which parent’s home is considered the primary residence of the children. In these situations, the residential parent will be entitled to receive child support and will often be the determinative address for the children in establishing where they will attend school.
Finally, the third component of a custody agreement is parental access. This is the area of a custody agreement where the parties and their attorneys can really work toward building a better life for themselves and their children. There are no hard and fast rules in the world of parenting time, and most courts will allow parties to make any arrangement they believe will be in the best interests of their children. For some families, an equal sharing of time may work. For others, a parent may only be available on the weekends. For others still, a parent may be called away to another state for work or personal reasons requiring a schedule that has them with their children during vacation periods and in the summer. Confident and creative representation of clients in the divorce process means sitting down to craft a parental access schedule that leaves each client feeling that they and their children will be able to enjoy a rich life together and meaningful time with each other after the dust settles.
Finally, it’s worth knowing that just like the parties in a divorce case have their own lawyers, in cases where custody is an issue, the court has a right to appoint an “Attorney for the Children” at the expense of the parties who will represent the children during the divorce process to make sure that their needs and interests are taken into consideration by the court as well.
When a case does go to court, it generally arrives there because the parties have significant disagreements about how certain issues in their case will be resolved. These differences of opinion require a neutral party…the judge…to provide perspective, issue opinions, and, if necessary, to decide unresolvable issues at a hearing or trial. The good news is that even if a case does “go to court,” most cases still never need a trial. Court appearances generally happen every 30-45 days (sometimes more and sometimes less), and those appearances may be either in person in the courthouse or by virtual appearance.
During court appearances, it is very common for the judge to want to speak to the attorneys privately before speaking to the clients. This is a normal and expected part of the court process and is done in many areas of law. In fact, divorce is one of the few areas of law where the parties are generally expected to be at every court appearance. However, regardless of the nature of the appearance it is rare that you will need to speak on your own behalf in open court. In fact, it is generally best to let your attorney do the talking because they have the experience and training to answer the judge’s questions, navigate the procedural issues of a divorce case, and make sure that only the necessary information is conveyed to the court.
Financing a divorce is always a major concern for clients regardless of their financial means and security. Based upon the complexity and estimated work needed to complete a case, most divorce lawyers will request a retainer up front and will then perform work on the case based upon hourly rates established at the time the lawyer and the client agree to work together. The retainer is not a reservation fee, but rather a pre-payment of the attorney’s hourly rate to ensure that the attorney is compensated for the time spent on your case. Once the retainer is exhausted, charges then accumulate on account or, in some cases, your attorney may request a replenishment of the retainer.
The law in the State of New York is that a higher earning spouse will generally have an obligation to pay some or all the attorney’s fees to a lesser earning spouse. The higher the income of the moneyed spouse and the larger the discrepancy between the earnings of the two spouses can drastically increase the amount of legal fees that the lesser earning spouse is entitled to. The general rule is that the law prefers spouses to be on a level playing field when it comes to being represented by a capable lawyer who can adequately voice their client’s positions to the court and navigate the issues of the case, without the feeling that their spouse will use a superior financial position to turn the tables in their favor.
