I Need A Lawyer!
If you are reading this, you have come to the conclusion that your marriage is coming to an end. This is a difficult and stressful time for you and you may be seeking guidance from friends or family members who have been divorced, or you are learning about the process and your rights on the internet. Unfortunately, the decisions you and your spouse make now may have lasting adverse consequences to you and your children. If your spouse has hurt you emotionally, physically or financially, you may be bent on revenge. If you are in this state of mind, it is time to take a step back and attempt to make the hard choices ahead of you in a rational and sensible way. If you can’t, then you can certainly find some other attorney who may prey upon your vulnerability and emotional distress for all that it is worth (to him or her). To state it simply, the selection of the wrong attorney to represent your interests can be a destructive decision. You may be led down a path of intense conflict, requiring the Courts to make what should be routine and simple decisions for you, substituting its judgment for your own. This scenario could be avoided entirely if tensions were not exacerbated by overly zealous lawyers, seeking to generate legal fees. Put another way, the wrong lawyer will stoke the flames of the fire ranging in your marriage for his or her own self interest.
I take a different approach:
- I counsel and advise, but most importantly, I empower the client;
- I do not set unrealistic expectations for clients. Other attorneys may do so, which results in the Courts having to decide the case after trial;
- I do not litigate for the sake of litigating. Other attorneys may refuse to negotiate before a case is before a judge. In my estimation, that kind of practice enhances the conflict and only serves to generate higher legal fees;
- I do not believe that a judge is always needed to reach a settlement. I believe that trials are avoidable in ninety-five percent of all divorce case and should be avoided. I always try to find a way to settle the case in a cost effective manner. I will seek solutions to keep legal fees as reasonable as possible.
- When the Courts are needed to address an emergency situation, I will act decisively and swiftly to try to obtain the necessary relief for you (and your children) without delay. There are situations which require immediate and firm intervention by a judge. I will vigorously represent your interests in Court in a responsible and sensible way.
There are some limited situations where divorcing spouses should go straight to Court to resolve
their differences and get the assistance they need. A non-exhaustive list of those situations
- existence of domestic violence, if there are emergency safety issues, a threat of harm, or oppression of one spouse by the other;
- refusal to provide support to a spouse or the children;
- when a spouse is in the process of, or is planning to, commit acts which would deprive the other spouse of the money and property of the marriage;
- Substance abuse issues with one or both parties (which may endanger the other or the children);
- a party has threatened to, or is in the process of cancelling a life or health insurance policy or is changing beneficiaries;
- when a retraining order is needed to stop the other party from engaging in a conduct or a behavior which must be stopped as quickly as possible.
In those situations, a Judge will immediately intervene to protect a spouse, the children, or protect the rights of the spouse to the assets of the marriage. Divorce mediation cannot effectively address these problems and expedited litigation is the preferred approach.
Another problem which often arises, is the refusal of one party to participate in negotiations, or to fairly negotiate. In these situations, the case must be resolved with the assistance of the Court.
If you feel you need the protection of the Courts right now, call me at 516-747-2290, or use this website to schedule a free in-office divorce consultation to address your concerns. During the consultation, we can discuss your situation in greater depth and seek results oriented solutions for you at a reasonable cost.