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THE THREE DIVORCE QUESTIONS ASKED BY
CLIENTS
1.
Am I going to win?
2. How long will it
take?
3. How much will it
cost?
AM I GOING TO WIN?
Win what? It
has often been said that no one wins
in a divorce case. We will do all we
can to see that all issues are
raised, that your case is structured
to your advantage, and that you
"lose" as little as possible.
However, if your interests is to
punish your spouse or to win by way
of an all-out, no-holds-barred
victory, then we recommend you
retain another law firm, as in most
such cases your goal is
unattainable.
It is difficult at the onset of a
lawsuit to foresee how long it will
take to complete. We are better able
to give you a range of time after
the case has been partially prepared
and we understand what is at issue.
The time involved is primarily based
on three factors: The number and
complexity of the contested issues;
The intensity of feelings between
the parties and whether there is an
inclination to settle; and The
court's calendar.
A hearing is
requested according to the amount of
time needed. A five-minute hearing
can usually be scheduled within 10
days. A full divorce trial, taking a
full day or more, usually must be
scheduled six months to one year in
advance.
By far, the
factor which makes lawsuits last
longer is the intensity of the
feelings between the parties and how
much the parties want to fight.
It is difficult to make a realistic
estimate of the total fee until we
know what issues will be contested
and the intensity of the parties
feelings. The parties, not the
lawyers, determine the amount of
attorney fees in their case. If the
parties want to settle, make
compromises, and end the matter
quickly, they can do so. If the
parties do not trust each other,
want complete discovery of all
assets and liabilities, and argue
many issues to the bitter end, no
matter what the issue is, the
process becomes very long, drawn out
and expensive. Going to trial is
almost always more expensive than
settling the lawsuit.
When we discuss
"expensive" you should be aware that
you will pay three ways - with your
time, the hole in your stomach, and
the hole in your pocketbook.
Time - You
will have to spend your time to
prepare your lawsuit. Your spouse
does not prepare your lawsuit; your
spouse's attorney does not prepare
your lawsuit. Your attorney prepares
your lawsuit. We do that with your
help. You must make a commitment to
put time into your case. It takes
hard work. If you are not prepared
to spend the time and do the work,
then your case will not be as
satisfactorily or inexpensively
prepared as it would have had you
made the expenditure of time.
The Hole In Your Stomach -
Many health professionals will tell
you that experiencing a divorce is
one the most painful things you can
do. Your emotions will likely roller
coaster. It is unusual for both
parties to want to end the
relationship to the same degree, and
therefore, one party is very often
emotionally hurt along the way. If
that is you, then divorce can be an
extremely painful process, which is
one reason we strongly recommend
counseling. The more issues raised,
the more painful the way of dragging
the matter out or punishing his or
her spouse. You should be aware of
this, and we will call this to your
attention when we see this
happening.
The Hole in Your Pocketbook -
Because preparing and trying a
lawsuit is very expensive, we want
you to scrutinize the issues at an
early stage and determine what
issues can be settled. We do not
recommend making unreasonable or
unnecessary concessions, but we
recommend you look carefully at the
issues that separate you and your
spouse. You do exercise some control
over issues and so if there are
concessions you can make them bring
your case to a speedy conclusion and
thus reduce your fees, please
consider making them. You should
weigh the price that you pay with
your time, the hold in your stomach
and the hole in your pocketbook to
determine whether certain issues are
worth litigation.
The attorney sells his/her time. If
you can save the attorney time by
doing some of the spadework then
your money can be more efficiently
used.
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RECONCILIATION
Most of the firm's clients come to
this office to seek a divorce. Not
all have made up their minds to take
the big step, and seek first to know
their other options. The firm
encourages clients or potential
clients to explore alternatives to
divorce, and often suggests other
approaches which will protect the
client and meet his or her needs,
short of divorce.
When your attorney raises the topic
of reconciliation with you, he or
she is not questioning or judging
your decision, but is confirming
that you are aware that the results
you seek may be attained by other
means and that what you really
desire is a divorce.
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