HOW YOUR MATTERS CAN BE RESOLVED

There are three basic ways in which your marital issues can be resolved. These three avenues are by court action, mediation and separation agreement. Each venue has positive and negative aspects.

Mediation is a conflict resolution process in which the attorney acts as a mediator and not as an advocate for either party. For more information, please see our section discussing mediation.

A separation agreement is the most common means to divide property and settle other issues in a separation or divorce. A separation agreement is a contract governing the separation of the parties, the division of any and all assets, obligations, rights and liabilities associated with the parties’ marriage to one another and setting forth terms for the custody and support of the children. In most cases, unless specifically stated otherwise, your agreement is a final document and cannot be modified unless each party agrees. You should not sign an agreement if you do not think you can abide by its terms. Do not make the mistake of believing it is temporary in nature or subject to change. It is enforceable as any other contract, if a party breaches the agreement the other party can proceed to court for specific performance or money damages. It is important to have an advocate whom you can trust to know the law and zealously to represent your position.

The final type of action is litigation. In litigation you give up the ability to be a part of the decision making process in return for an enforceable judgment. Litigation is needed where parties are unable to reach an agreement either through mediation or negotiation of an agreement, or if there is a need for immediate intervention by the court to protect a person or asset. Even if parties start with litigation, it may be possible to conclude matters outside of court. Conversely, even if the parties begin the process with an attempt to mediate or negotiate a settlement, it may be possible to narrow down issues and litigate only those matters which could not be settled by the parties, thus streamlining the court process. Some parties find that due to non legal issues they are unable to resolve matters outside the court and that it is necessary to file an action. Court actions are usually the most time consuming and expensive, and provide the least opportunity for personal involvement in the crafting of the order. When proceeding to court, you are able to take advantage of discovery laws which require parties to provide information under oath, and which provide a means of obtaining information from third parties.

Regardless of whether your matter is a complex one or an uncontested distribution, we want the final product to reflect your needs and desires. In order to advise you properly, your attorney needs you to gather information and provide it as soon as possible. The documents and information you will need to provide will be outlined for you by your attorney. The attorney will review the documents and consult with you as to your needs and desires. In order to provide effective representation, your attorney will need you to review a written history of your marriage, paying particular attention to any matters you believe to be significant. If custody is at issue, you will also need to provide a custody history and list of possible witnesses. You will also need to provide financial information. While many people do not have all the necessary information when they begin the separation process, it is important to gather the information as quickly as possible so that matters can proceed.

Do not underestimate the need to be equally prepared for negotiations or an agreement as for court. Being able to back up negotiations with facts will lend credence to any position. Amorphous statements that “My client hopes to return to college” are no where near as persuasive as “My client has made inquiries as to the teaching program and has determined that she needs 29 credits which she can earn in 2 years if she attends school full time and then she needs an additional year to obtain employment and stabilize her job situation.”

Last, do not forget that there are at least two parties to your action. While your attorney will strongly advocate for your position, a good attorney will also counsel you as to the strengths and weaknesses of your matter and suggest possible alternatives and compromises. Unless you know where you stand, you cannot make a reasoned decision as to how your matter should be resolved. Whichever process is right for you we are able to give you the support and expertise that you need to successfully settle your family law matter.