Practice & Process
We practice in all areas of divorce and family law, including, divorce, custody, parenting schedules, support, equitable distribution, pre and post nuptial agreements, post-judgment proceedings and appeals. There are three process options to choose from:
Litigation is the process by which each party retains counsel to advocate for their interests both in and out of Court. In most cases where both parties want to resolve things amicably, this begins with a “pre-litigation” phase, meaning without going to Court. Marital assets are identified and valued through a discovery process. Upon completion of the discovery/valuation process, attention is turned to the distribution of said assets. Simultaneously, the issues of custody, parenting time, spousal and/or child support and various other ancillary issues are examined and discussed. Throughout this process settlement conferences between the parties and counsel may be conducted. If and when there is a meeting of the minds an agreement is drafted, circulated revised and eventually executed. In some cases, where efforts to resolve things amicably break down, the parties proceed to trial, and in that process, some or all of the issues get decided by a judge assigned to your case. Often times, even when the parties proceed to trial, cases may still settle. However in certain cases, going to Court as a first option is not only appropriate, but necessary.
A mediator may or may not be an attorney who serves as a neutral facilitator of communication between you and your spouse for the purpose of reaching an agreement. Neither of the parties is represented by the mediator, and each should retain independent reviewing attorneys for the purpose of rendering advice regarding the legal strengths and weaknesses of any agreement reached. This is a highly effective process choice if the issues in your case are non-complex, the balance of power between the parties is fairly equal, and you and your spouse have each made substantial progress in the process of moving beyond your anger and are able to work together well enough to reach an agreement.
Collaborative Law is a team approach to conflict resolution. Each party is represented by specially trained legal counsel. The parties, their attorneys and other required professionals, execute a “participation agreement” whereby they agree not to litigate. From the outset, interests are aligned in a positive and empowering process of restructuring your family from a nuclear to a bi-nuclear one, while simultaneously preserving the dignity and privacy your family deserves. The issues of children and money can often trigger emotional “hotspots”, which require extra support and assistance. For this reason, a collaboratively trained mental health professional is hired to guide you and your spouse through your thorny emotions by fostering more effective communication. Often times the financial picture is murky and the guidance of a financial expert is required. In these instances, a collaboratively trained financial expert comes to the table to clarify and navigate towards financially sound and responsible solutions. YOUR TEAM works with you and your spouse, as well as each other, towards the common goal of restructuring your family in the least emotionally destructive and most cost efficient manner possible.