No client is expected to know or anticipate all of his or her
legal rights or all of the issues that must be addressed and
resolved in a divorce or custody action. We inform and advise
our clients about their legal rights and the multitude of issues
that will arise and require discussion and resolution during
the course of the lawsuit. Included below are examples of some
of the questions to be addressed. It is crucial that no issue
relating to the marriage, assets or liabilities of our clients
be overlooked.
What events have taken place that will form the basis for seeking
a Judgment of Divorce? Has the client's spouse committed adultery?
Has the client's spouse engaged in cruel and inhuman treatment
or abandoned the client for a period of one or more years? When,
where and how did all of these events take place? Is there sufficient
proof to obtain a divorce?
What assets constitute marital property? How will they be distributed?
Will the marital home be sold, transferred to one spouse or
owned jointly? Who will have possession of the vehicles, household
furnishings, antiques, family photographs and mementos, stocks,
bonds, bank accounts and items of sentimental value? If there
are pension or retirement benefits, how will they be distributed
now or in the future? Does either spouse need or desire to retain
an asset exclusive of the other spouse? Is there a marital business
that must be evaluated and, perhaps, liquidated or divided?
Is one spouse entitled to receive maintenance payments from
the other to assist in his or her support? Will health and life
insurance coverage be in effect for any members of the family?
What are the tax consequences attendant to distribution of
any assets? Who will bear the responsibility for income tax
or capital gains tax liabilities? Who will pay the marital debts?
Is there a danger that either spouse may file a petition in
bankruptcy?
When there are children of the marriage, no issue is of greater
importance than safeguarding the children's rights. What living
situation will be in their best interests? Will sole or joint
custody be appropriate? What visitation rights will serve the
needs of the children? If joint custody is an option, what will
be its parameters? How will child support obligations be allocated?
Will there be additional financial obligations imposed upon
one or both parents for child care expenses, life insurance,
health insurance, uncovered medical expenses or educational
costs?
A divorce, unlike other lawsuits, does not produce a definitive
winner or loser. There is much to be gained, but much that may
be lost if the legal proceedings are not properly handled. No
husband or wife is entitled to, or shall, receive every asset,
every dollar of income or every minute with the children. Our
office endeavors to achieve for our clients the greatest benefits
possible. We make no guarantees or predictions to any client
as to the results to be obtained because we have no way of knowing,
with certainty, what the Courts, our client, his or her spouse,
their children or the spouse's attorney may do in the future.
We promise to give our clients our best efforts and to keep
them fully informed of all aspects of and developments in their
legal proceedings. It is crucial that our clients always be
honest with us and with the Court and that all Court Orders
be obeyed.
A concerted effort among the attorneys in our office and our
client is essential. Without complete cooperation from our client,
the client's rights cannot be fully protected. We welcome questions
from our clients and respect their rights to make the decisions
that they believe are in their best interests and appropriate
for their families.
We encourage our clients to seek the support of friends and
family during the difficult times that will arise during the
legal proceedings. Our clients can also rely on us to assist
them in overcoming the inevitable obstacles and frustrations
with which they will be faced.
Although we are gratified by the occasional reconciliations
of spouses that we witness, we know that often a divorce, while
not a happy event, is a necessity. Husbands and wives suffering
from physical or verbal abuse, infidelity, financial abandonment
or a degrading or dangerous home life, generally have no choice
but to seek legal help to end their family troubles. Despite
the stressful nature of such legal proceedings, they can bring
about a welcome beginning to a new life.
