How We Work with You on Family Law Issues

Initial Call to Office:

Our office policy is to spend some time with you on the telephone initially to learn about our circumstances and determine if we can help you. Your first call is to our legal assistant Susie Simmons. Susie will ask you a few questions. After we get the “basics” from you, we can then provide to you some information about divorce/dissolution in general, based on what you have told us. While no legal advice is given to you at this time, here are some of the topics that might be discussed in the telephone conference:

1. An explanation of the basic differences between divorce and dissolution, including time line, steps (proceedings), and various costs (attorney fees, filing fees/court costs, appraisal fees, valuation fees for retirement interests, etc.)
2. An overview of Shared Parenting vs. Sole Custody
3. Child Support (basis, formula, term, information needed, etc.)
4. Financial Disclosure
5. Separate Property vs. Marital Property
6. Division of Assets and Debts
7. Spousal Support
8. Information about our attorneys (hourly rate, initial retainers, how time is kept, monthly billing practices, additional retainers (when necessary), refunds
9. Private judging
10. Some basic do’s and don’ts
11. Office policy (documents/information needed, how written correspondence and documents are handled)
12. How you should prepare for an initial in-office consultation should you wish to schedule one (i.e., the kind of information you should try to have to maximize the benefits from this consultation)

There is no charge for this telephone consultation.

Initial In-Office Consultation:

If at the completion of the telephone consultation, we feel we would be able to help you and you wish to follow up with an initial office consultation, we will explain just how that consultation is handled, the time you need to allow for it, how to prepare for it, what to bring with you, the cost involved with it, etc. The initial consultation is an opportunity for you to interview us as well as for us to interview you to determine if we’re a good fit. It is usually an extremely informative consultation.

How we work with you once you become a client:

You become a client when you have signed our standard written fee agreement and paid a retainer. As we commence and proceed, we make every effort to be responsive to your telephone calls, basic questions and concerns. Often, our legal assistant, Susie, will be able to answer your questions, but if she cannot, she will speak with the attorney and get back to you with a response or the attorney will call you. We do our best to respond to your questions within a 24-hour period
whenever possible. Sometimes, however, it is not possible because, for example, your inquiry may involve an issue that requires legal research or thought and consideration by your attorney.

It is the policy of this office to keep the Client fully informed regarding all matters relating to the case. We provide to you a copy of anything that comes into or goes out, of this office on your behalf for the benefit of your review and consideration. If anything of significance (a settlement proposal, Separation Agreement, Shared Parenting Plan, etc.) is prepared, it must be read and approved by you before it would be communicated to your spouse or your spouse’s attorney. We work very closely with you, planning ahead for any important deadline, meeting, hearing, etc., so that you understand the significance of the particular deadline, meeting, hearing that is approaching, and so that both attorney and client have time to prepare for it in advance. Occasionally, it may be necessary to engage outside specialists for services, including but not limited to counselors, Guardian Ad Litem, psychologists, appraisers, auctioneers, vocational evaluation specialists, actuaries, and pension appraisers. This would be done on our recommendation but with your approval.

The divorce/dissolution process is an extremely difficult and often painful process. Our goal is to get you through the process in the most positive way possible. We try to keep you on a positive track and not allow anger and resentment to prevent us from obtaining for you a reasonable and fair resolution. This is extremely important, particularly if there are minor children involved. We encourage our clients to focus on what’s best for the minor children. Our attitude is that while it may be unfortunate that this marriage is going to end, we now need to concentrate on how to make that happen in the most positive way. Frankly, if you want your “pound of flesh” (for whatever reason), we may not be a good “fit” with you. In fact, we highly discourage “playing games”. While the marriage may be ending, “playing fair” is crucial to reaching a fair settlement. You cannot hide assets or income. And, now is not the time to buy a new car, remodel the kitchen, or run up excessive charges.

Where the children are concerned it is sometimes helpful to involve a professional counselor (or in some contested cases a Guardian Ad Litem is appointed) to keep the focus on what’s best for the children. The Court requires that we address each parent’s time with the children, (whether there will be shared parenting or sole custody), who will carry the health insurance coverage for the children, child support, and basically, everything that will apply to the children.

With regard to the financial issues, we will step you through the discovery and document exchange process for all assets, all debts, and all income so there is complete financial disclosure by both parties. We will assist you in the preparation of a marital balance statement. If there are significant assets and/or debts, or a family business, it is sometimes necessary to engage a specialist and/or neutral party (CPN/Financial Consultant) to create a marital balance statement and recommend a fair division of assets, debts and retirement, including any spousal support and/or child support, taking into effect the after-tax ramifications. We will help you prepare a budget in order to determine your specific needs. A budget will also help in determining whether it is feasible to retain the marital home or sell it. All of these steps are necessary in order to come up with a fair settlement proposal. Once we have complete financial information, we will be able to outline for you what would be a reasonable financial settlement. After an agreement has been reached between the parties, a Separation Agreement must be drafted to recite all of the terms of the agreement, in detail, with regard to how everything is to be divided between the parties, including any spousal support paid, how long it will continue, etc. And, if there is shared parenting, a shared parenting plan must be prepared.
 
Attorney Fees:

All legal services are provided on an hourly rate basis, and our attorney fees are based on the actual time incurred. Time spent each day is recorded as the services are rendered, with a notation as to what service is involved. You will be provided a monthly statement reflecting time that has been incurred, as well as all costs and expenses, so that you are kept informed with respect to the fees and costs incurred as the matter progresses.

In domestic cases, a client is required to pay a retainer that is placed in a trust account, from which the invoices are paid monthly as we proceed. If the retainer is exhausted, you will be asked to pay an additional retainer based on where we are at that time in the overall process. We accept MasterCard, VISA and Discover Card.