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When meeting with a divorce attorney for an initial consultation it is crucial to understand how important it is for you and your attorney to begin formulating a trial strategy then and there. Ascertaining the important issues to focus on through discovery is the key to successfully handling financial issues in matrimonial proceedings.
By the time you are on the trial calendar, it may be catastrophic to your case to first learn that you do not have the necessary information and documents. Discovery should be targeted and not be general blunderbuss requests.
One of the most important issues in a case to focus on at the outset – especially if you are the non-monied spouse – is what is your spouse’s source(s) of income? Are they strictly a W-2 employee? Are they a teacher? A partner at a law firm? Do they receive a 1099? K-1? Are they the sole owner of a business? If so, what kind of business? Do they own a contracting company? A real estate company?
All of is essential and must be discussed with your attorney before ever stepping foot into a court room or sitting down at the negotiation table. Why: Because you may be in need of an expert (such as a forensic accountant) to ascertain the value of your spouse’s interest in a business.
Further, an expert may have to perform a lifestyle analysis because of cash income or personal write-offs through the business. This analysis may be especially critical especially wherein his/her business has a cash component. Did your spouse write off personal meals, clothing, handbags? What about family vacations, expenses for your backyard pool? All of this information is critical to determine his/her actual income and not just what is set forth in his/her tax returns.
Pre-trial information is critical to provide experts so that the issues and facts you consider important are part of their valuations and income analysis and not left until cross-examination. Most experts, like most people are reluctant to change their opinions once they are written and circulated. Accordingly, the best way to obtain a positive result in a case is to obtain a favorable expert report while leaving your adversary with the near impossible task of convincing that expert to change their mind once they are on the witnesses stand.
Kieth Rieger has been practicing matrimonial law since 1981. He is a Fellow in the American Academy of Matrimonial Lawyers, Executive Committee of the New York State Bar Association’s Family Law Section and Past Dean of the Nassau Academy of Law.
Joshua L. Rieger is a partner at Rieger & Fried, LLP – a firm specializing exclusively in matrimonial law – where he has been practicing since 2012.
Three Things To Look For In A Divorce Lawyer
One of the most trying times of your life can be when you’re faced with the end of a marriage. It’s a time when you may feel lonely, angry, desperate or unsure of yourself.
One thing is sure—you need help, and plenty of it. The divorce process in itself can be overwhelming to figure out how to choose the right legal help. Take a deep breath (and then a few more) and set some priorities.
First consider how you want to come out the other side of this process. What are your life goals? Is your goal to punish your spouse, or do you instead wish to rationally separate your assets and set up a plan for raising children? Do you have children with your soon-to-be ex-spouse? Do you or your soon to be ex-spouse have any ownership interest in a business?
Lawyers and firms have different styles and different philosophies on how to handle cases and how to treat clients. A good lawyer will take a long view and preserve options in case a fight comes later. Searching “Best Divorce Lawyer” on Google may only lead to those who pay for leads rather than put their times and energy into building their practices and winning cases.
There are three things that you may want to focus on:
1. Hire a lawyer who will listen to you. Make sure your attorney is trying your case, and not just doing what he or she has always done. Every case is different, and you want to make sure the things that are important to you are heard and taken care of.
2. Make sure your lawyer is clear on where you want to end up. Your lawyer must have the skills to assess the situation as it is now and have a strategy to get to your goal. And you need to know what the plan is. You need to have someone that helps you see the forest through the trees.
3. Your lawyer should be honest with you, including about your expectations. Part of being honest is giving you bad news clearly and letting you know when what you want isn’t going to work out. There’s no point in a lawyer promising you the world if those promises are impossible to keep.
Obviously, consider things like experience, reputation and cost. For some divorcing couples, mediation may make more sense than a costly, contested trial. Inquire about those things when you meet lawyers for the first time. You don’t want more surprises to further complicate your life.
Joshua L. Rieger is a partner at Rieger & Fried, LLP – a firm specializing exclusively in matrimonial law – where he has been practicing since 2012.