Divorce Services

INTRODUCTION

Our firm has built a reputation of tending to each client’s specific situation and representing each client accordingly. We listen carefully and attentively to each client and offer advice and counsel that is tailored to meet each client’s particular circumstances. That commitment to the client continues throughout the process of divorce, otherwise known as "dissolution of marriage" and extends to post-decree or paternity matters. We will effectively and efficiently represent you in your particular matter, bringing a compassionate, conscientious and logical approach to resolving your specific situation.

DIVORCE AND LEGAL SEPARATION

The divorce process begins with a phone consultation with each potential client to get an overview of his or her specific situation. Afterward, an office conference is scheduled to discuss how the divorce process works procedurally, from filing the Petition for Dissolution of Marriage all the way to the end of the case, which is resolved either by agreement between the parties that is later memorialized in a document referred to as a “Separation Agreement”, or by way of a court hearing referred to as “Permanent Orders”. After the case is resolved by either the court or the parties themselves, the Court enters a Decree of Dissolution that finalizes the process. The decree cannot be entered for at least 90 days after the Petition is filed and served upon the other party.

DURING THE DIVORCE

At the initial office conference, we will also discuss issues that are likely to be presented in each particular case, as well as possible strategies, solutions and outcomes. Generally, issues that are likely to be present in a divorce are division of marital assets and debts and spousal support (formerly referred to as alimony but now known as maintenance). When minor children (under the age of 19) are involved, issues will concern allocation of parental responsibilities (such as decision-making on major issues like religion or education), parenting time (formerly known as custody), and child support. As part of the divorce process, parties exchange financial disclosures, including all current income and debt information, asset information, the last three years of tax returns, income-related documents and other relevant financial information. As with collaborative law, in some cases it may be appropriate and necessary to engage expert witnesses. For example, to establish the value of the marital residence the parties may retain a real estate appraiser to determine the fair market value of the property. In addition, experts may be retained to value pensions / retirement accounts or ascertain the value of a spouse’s business. With regard to children, one party may request the court to appoint a professional, known as a Child and Family Investigator (CFI), to make recommendations concerning the children’s’ best interest. The CFI conducts an evaluation, prepares a report and makes recommendations about allocating parental rights and parenting time in accordance with the children’s best interests.

AFTER THE DIVORCE

Following a divorce (post-decree) or paternity action, matters often arise that require court intervention. We will conduct a phone consultation and initial office conference to discuss these matters in the same way we do for any divorce matter. Matters that may arise include modification of allocation of parental responsibilities, parenting time (formerly custody), child support, enforcing agreements and court orders, contempt (failure to abide by agreements and court orders) and other related matters. These matters may also require the parties to exchange financial documents as stated above, as well as the appointment of a CFI or other appropriate experts. These matters are oftentimes resolved through a written agreement of the parties, otherwise known as a “stipulation”, which is filed with and made an order of the court. In the event the parties cannot resolve the matter themselves, they will proceed to a hearing before the court.

SETTLEMENT AND MEDIATION

During or after a divorce or paternity action, the Court may require or the parties may agree to attend mediation to assist in resolving the outstanding issues in a case. If the parties reach an agreement through mediation, they will sign a mediation agreement, which is also filed and made an order of the court. If the parties cannot reach an agreement at mediation, the matter will be returned to the courts for a hearing. The firm strives to reach the best settlement possible for the client.  However, if settlement cannot be achieved, the attorneys have the trial experience to effectively communicate and present each client’s situation to the court.

COSTS

What are the costs of attorney and how can I pay for those?

The firm offers a variety of payment options, including VISA and MasterCard as well as your personal check. A retainer fee depends on the complexity of your case and your particular situation. The retainer fee is placed in our trust account and paid out only as fees are earned. We bill against the retainer based on hourly work at the professional’s rate ($225/hr. Attorney; $95/hr. Paralegal; $45/hr. Legal Assistant/Law clerk). If the initial retainer is depleted you are required to pay the balance owing as reflected in the billing statement that is sent to you monthly. The billing statement shows how the fees were earned and the balance in your account. We charge for office visits including the initial consultation. If there is unused retainer at the end of the case, it is fully refunded.

GUIDELINES

When contemplating legal seperation or dissolution of marriage

CONCLUSION

We hope this brief introduction to our services is helpful and instructive and you will choose Gerash Steiner & Toray, P.C. as your attorneys to guide you and counsel you through this process.