Collaboration, settlement or litigation?
In my practice, I do everything in my power to assist the client in coming to a negotiated settlement.  One approach to arriving at a settlement is within a collaborative law context.  This is where both parties agree to use a collaborative model, rather than an adversarial model, and agree to keep their case out of the court system.  A contract is signed with the collaborative lawyers to maintain this commitment. For more information on collaborative law, please visit the Collaborative Law website.

If the parties do not agree on signing a collaborative contract, their attorneys can attempt to reach a settlement through negotiation.  In these cases, the clients must decide whether they wish to be directly involved in the negotiations.

There are cases where a divorce lawsuit must be filed.  Normally, these are cases where there is some emergency-such as a need for support, a withholding of contact from children, a concern for one’s safety, or the dissipation of assets.  Even when litigation is initiated, it is quite common for a negotiated settlement to be reached on at least some, if not all, issues.  Regrettably, there are cases where a settlement cannot be reached, and the Court must make the decisions.

Once you have decided that you want to pursue a separation or termination of your marriage, it is important to become educated about all of your options and legal rights.  I can provide you with this information, and assist you in making decisions that will best serve your needs.

The Well-Being of Your Children
In many cases, my client’s main concern is to insure the well-being of their children.  All professionals agree that parents should do everything in their power to keep their children out of the court system.  The people who know them best should be making the decisions which affect their lives – not a judge.

Mental health professionals are often utilized to meet with the children or parents, to help in obtaining and presenting information concerning what is in the child’s best interest.  Frequently, parents are encouraged to utilize mediation to negotiate agreements concerning their children.  Until your children turn eighteen, or graduate from high school, all agreements are subject to change – including custodial arrangements, child support and decision-making.

Rights to Property and Support
In most cases, assets and debts acquired during the marriage are equally divided.  Inheritances or gifts are usually excluded.  Spousal support may be appropriate depending on the circumstances, after considering earnings disparity, length of the marriage, need for education or medical problems.  Child support may be ordered for children who have not turned age 18 or graduated from high school.

Selecting an Attorney
If you are attempting to select an attorney to represent you, it is a good idea to get recommendations from others who have been satisfied with their counsel.  I am available to speak with you over the telephone to discuss your particular situation.  You may want to consider meeting with more than one lawyer.  This may be helpful in assessing the type of person that you would feel most comfortable working with.  You will want to obtain information about an attorney’s fee structure and their expertise in Family Law.
 
At an initial meeting, I typically will ask a client to bring financial information such as wage verification, financial accounts, retirement benefits, and debts (please visit my Resources page for a list of documents that may be needed).  In the first meeting, typically I am able to discuss with a client their substantive rights, as well as their options in proceeding toward a separation or a termination of the marriage.  Unfortunately, it is impossible to predict, in any case, the length of time it will take, or the cost.  The largest determining factor is not necessarily the complexity of the issues, but rather the cooperation of both parties as well as the attorneys.

My Goal and My Practice
It is my goal to understand my client’s priorities and to attempt to address those priorities.

It is very important to me to be accessible to clients as issues develop.  I am almost always able to return a phone call during the same day or, if not, within twenty-four hours.  I provide every client with copies of all correspondence and pleadings that come from my office or to my office.  For cost savings, I arrange for documents to be filed for a flat fee rather than my hourly rate whenever possible.  I employ a paralegal to assist in administrative matters.

In 2009, Trista Portales Goldberg, an associate attorney, joined me to better serve my clients.  Trista is a 2008 law school graduate and is licensed to practice in both Ohio and Kentucky.  She focuses her practice exclusively on domestic relations and juvenile law in Ohio and Kentucky.

I am more than happy to speak with you if you would like further information.  Please feel free to contact me.