What your Attorney Can, and Cannot, Do for You

Because your Attorney cares about you, it is important to know that he/she is not your therapist

There are usually a myriad of emotions that surface during any family's journey through the legal system. Sometimes it can be very difficult to distinguish and separate your emotions from what is required of you to efficiently resolve the disputes that arise in a dissolution, legal separation or custody proceeding.

Your Attorney's job is to assist you in the most effective manner possible in reaching a reasonable conclusion on the issues of property division, financial support, parenting plans and/or any other legal aspect of the family law process. Often times it can be difficult for your Attorney to address the areas of the law, both that benefit you and those that may be to your detriment, when you have not yet come to terms with the emotions that have resulted from the experience that brought you here in the first place.

If the emotions that you are experiencing from the breakdown in your relationship remain a hindrance to your Attorney's ability to represent your legal interests, he or she will discuss counseling or support group opportunities that you should consider before proceeding in your case. This does NOT mean that your Attorney will not represent you or help you with your legal matters because you are upset. However, it DOES mean that if the pain that your are suffering is keeping you from resolving the legal disputes in your case, it may be important for you to seek professional support.

Great expectations vs. great disappointment

You should discuss all of your expectations for the resolution of your case on an ongoing basis. One of the most important things that your Attorney can do for you is give you good advice on which expectations are reasonable under the law and which expectations are unreasonable under the law.  Every person who goes through the family law system will have both reasonable and unreasonable expectations (that is the nature of litigating emotionally charged family matters!). However, by expressing your expectations to your Attorney early on, you will have a better idea of what is likely, or unlikely, to be the outcome of a particular issue. Even if it is not always the answer you want to hear, voicing your expectations, and receiving honest advice in return, will keep you from experiencing disappointment on the issues where the law sets forth the rules that you may not have anticipated in advance. Remember IT IS NOT your Attorney's job to make promises that you will get everything you want...  IT IS your Attorney's job to tell you the strengths and the weaknesses of your case so that, together, you may structure a reasonable resolution.

Cost-Benefit Analysis

Your Attorney does charge for the time that is spent working on your case. That means when you meet with your Attorney, call for information, when your Attorney makes calls or writes letters on your behalf, prepares evidence in your case to support your claim, appears in court or otherwise responds to any concern that needs to be addressed, it costs you money. Therefore, IT IS your Attorney's job to discuss with you whether it may cost you more money to fight an issue than the benefit you will receive if you win - even if you are right!

Again, because of the emotional aspects surrounding family law disputes, it can be very difficult for people to make wise, strategic, legal decisions in lieu of fighting for "the principle of the matter."  "Principle" is very expensive to litigate! Accordingly, expect your Attorney to discourage you from litigating matters that will not benefit you or your family in the long run.

What You Can Do To Keep Your Case Moving!

Keep us updated periodically!

"What does my Attorney do when he/she is not working on my case?" you may ask... Every day your Attorney is working on his/her client's behalf by appearing in court, attending negotiation meetings, meeting with clients, preparing settlement offers, doing legal research, returning phone calls, preparing motions and many other tasks which relate to every matter.  This means that it may be difficult to always get a quick response to the questions or concerns regarding your case.

Therefore, the best thing that you can do to most efficiently, and cost effectively, have the issues in your case addressed is to make a list of your questions, or incidents that concern you, and contact the office to set up a telephone conference or appointment with your Attorney when you have a few items to discuss. This helps your Attorney better serve you and it also helps you keep your costs down by avoiding multiple calls and conferences.

Disclosure, Disclosure, Disclosure(s)

"Disclosure" is a term that you will hear over and over again during your family law matter. What does it mean? The law mandates that the parties in a family law case provide each other with 100% disclosure of all financial details, including income, assets and debts. This is true for financial information from before, during and (in some circumstances) even after your proceeding is final. There is absolutely no hiding or misstating the details surrounding your finances in family law.

There are forms which you will need to fill out, a.k.a. "Disclosure Documents." Most notable are the Income and Expense Declaration and the Schedule of Assets and Debts.  Our staff will assist you by providing the necessary documents and a deadline date for you to return the forms to our office. Members of our staff are also wonderful resources when having difficulty filling out the forms on your own. You may call and ask for assistance over the telephone or set up an appointment with one of our paralegals to go over the forms with you.

It is imperative that you provide comprehensive and accurate information from the very beginning of your case. If you do not take the time to collect and provide the required information at the beginning of your case, your Attorney will be unable to reach a final agreement in your matter until the required information is provided. This can make settlement negotiations frustrating for everyone involved. Therefore, for your own benefit, we will insist that you provide all of your financial information and supporting statements at the beginning of your case.

REMEMBER: The staff at Abramson & Thaete, LLP are here to assist you with the preparation of all your required documents and information!

The light at the end of the tunnel

This brief overview of the family law process is intended to provide you with a basic understanding of what your case will entail. We understand that you will have many more questions regarding the specifics of your case, and we invite you to contact your Attorney or the many helpful members of our staff for further explanation.

Our goal is to provide you with sound legal advice while always moving toward a final settlement in your matter. Your family is our priority, and we look forward to representing you in your family law matter.