Divorce proceedings usually involve intense emotions and significant expense. We can work with you throughout the divorce process to minimize the emotional strain and cost normally associated with these proceedings. We handle complex contested and uncontested divorces.
During the divorce proceedings, we will assess all of the assets and debt and strive to attain the largest possible distribution of marital assets for our clients. When appropriate, we will work closely with you to guarantee proper financial support through alimony. If children are involved, we will work with you to help you obtain custody of your children, child support payments or help in the development of a parenting plan.
If you and your spouse choose to keep your divorce proceedings private and away from the courts, we will work with you through voluntary mediation known as Alternative Dispute Resolution (ADR). During this process, both you and your spouse will meet with a neutral mediator to help resolve issues by bringing both parties to an agreement. With ADR, there is complete disclosure and no litigation Pendente Lite Motions
Some of these issues must be decided in the beginning of a case on a temporary basis. In this situation, an attorney might file a request for certain forms of temporary relief, called a “pendente lite” motion. If granted, these types of motions provide temporary relief for a party during the course of the litigation. They might be used to decide on issues similar to those above or for such things as exclusive use and occupancy of the martial residence, or prohibiting the use of marital assets during the pendency of the proceeding. Thomas King is skilled in the use of pendente lite motions and has utilized them to obtain excellent results for his clients on many occasions.
Motions to Preclude
Similar to other areas of the law, matrimonial litigation requires extensive pre-trial discovery. Discovery is the process by which the parties to a divorce action exchange information. This exchange may be in the form of documents, oral and/or written testimony and/or physical examinations. During this time, parties can be asked to turn over documents, especially those of a financial nature. They might also be asked to participate in a deposition (oral examination to answer questions) or provide answers to interrogatories (written questions). If one party fails to provide the requested information, a motion to preclude can be used to exclude evidence of the same nature on the other parties’ behalf. In other words, if a party refuses to provide financial information to the other party after a demand has been made, the party demanding that information can make a motion to the court to have the court preclude any evidence from being introduced at trial and relating to the other party’s financial affairs.
When a party fails to comply with a court order, the court can hold that party in contempt. Contempt can have a number of consequences, including the issuance by the court of monetary fines and even jail. Thomas King is experienced in bringing contempt proceedings against spouses who refuse to comply with court orders.
It is always a good idea to consult with an attorney regarding a divorce and it becomes essential when the divorce is contested and is headed towards litigation. Experienced matrimonial litigator, Thomas King, is always available to his clients. He prides himself on guiding them through this trying time with regular communication and aggressive representation. He is extraordinarily passionate about his work and always pays attention to detail. Many individuals prefer this method as it tends to be faster, less costly and produces a more amicable outcome.
For most people, going through a divorce is an absolutely terrible experience. The legal process of divorce can be emotionally, not to mention financially, draining. Divorce mediation is becoming an increasingly popular way to resolve issues in a divorce in a less adversarial manner which can reduce stress and yield more mutually beneficial results. In divorce mediation, rather than both parties going to court and using a trial to resolve divorce issues, such as a property settlement, child support and child custody, the parties will sit down with a neutral third party, called a mediator. The mediator helps both individuals come to a solution agreed upon by both parties
Divorce mediation offers many advantages to a couple working through a divorce. The divorce mediation almost always takes less time than litigating a divorce. Divorce mediation also helps spouses tell each other what they want, without lawyers speaking for them or telling them what they should do.
Mediation helps spouses reduce the tension involved in a divorce. Also, couples who mediate are generally happier with the outcome than those who go to court, primarily because they feel like they were more directly involved in the outcome. The mediator can help couples with both immediate concerns and long-term concerns. Mediators can help focus couples on present issues, rather than bringing up hurts from the past that can be unproductive in reaching an agreement. Another benefit to mediation is that it is private, unlike a court case.
However, divorce mediation is not for everyone. If couples are behaving too poorly around each other to work together in the same room, mediation may not be the best solution. Sometimes the parties are just too far apart in terms of what is affair equitable distribution and support payments to come to a mediated agreement. And some couples are dealing with spousal abuse or substance abuse. In those situations, it’s probably best for an attorney to speak on each spouse’s behalf.
Divorce mediation begins by learning more about the process. Next, the couple will gather information and provide it to the mediator. This primarily includes financial information such as assets owned, debts, bank accounts, automobiles, etc. Then, the issues that need to be resolved will be determined, such as division of property and debts, and child custody and support.
The couple will then begin to discuss concerns in the presence of the mediator. The couple will make decisions about the type of arrangements they want in a step by step manner. The divorce mediator should take care to make sure the needs of the children, as well as the spouses, are met. The mediator will help the couple explore various options available. Once an arrangement is agreed on, an attorney will draft it and the parties will sign.
If you are interested in learning more about divorce mediation, contact our office.