Complex Divorce Litigation
- Complex Divorce Litigation
Hiring Family Relief Lawyers for Complex Divorce Litigation
1. Introduction to Complex Divorce Litigation
Divorces are very difficult to handle even without having to deal with complex business and property issues. Parting with a longtime spouse can wreck even the strongest person. The task becomes all the more difficult when businesses, real estate, pensions, investments, long term spousal support (alimony), prenuptial agreements (antenuptial agreements), postnuptial agreements, and substantial amounts of assets are involved. Complex divorce litigation almost always deals with support awards, evaluating what property is Community Property and what assets are separate property, complex distribution of assets, child custody/support, alimony, business evaluations, and attorney’s fees to litigate the divorce, forming but a tip of the iceberg of what needs to be resolved. For such challenging cases an attorney with experience in divorce and complex business litigation is necessary. At Relief Lawyers, we have been litigating bankruptcy matters, legal malpractice matters, complex real estate matters, complex business disputes, and all types of divorces for over 20 years. This overlapping legal knowledge makes us uniquely qualified to take on your complex divorce matter, and get you the best results possible.
2. Our Nuanced Approach to Complex Divorce
Truly successful legal representation in complex divorce cases requires paring a successful strategy with a nuanced understanding of: 1) the facts of your case, 2) the relevant statutory and case law, 3) the specific idiosyncracies of each judge, 4) the complexities of the rules governing family law procedure, and 5) human nature. The attorneys and staff at Family Relief Lawyers work as a team on all cases. Each attorney at the firm has his or her strengths and brings a different skill-set to each case. Sometimes success means swift and aggressive litigation, and other times it is the ability to prepare and offer a perfectly timed and balanced settlement resolution. It is not always necessary to go-hard and go-long every family case, but it is important that the other side knows that we can, and will, if necessary.
In a complex divorce case, experience with many types of businesses, business ownership, real estate, trusts, inheritances, bank accounts, contracts, securities, compensation plans, pensions, compensation abuse, limitations on distributions and losses, the ability to cover up income, and affirmatively disavowing ownership of persuasively valuable assets is imperative. Your attorney needs to know what to ask for in discovery and how to find what is important and necessary. Also, the ability to work with financial and tax experts crucial.
Qualifications and specialization of an attorney in complex divorce litigation require serious considerations because of the multi-disciplinary nature and the magnitude of the stakes. Another attorney’s basic knowledge of family law will simply not be sufficient for what you need. You need a team of professionals who have the experience, attitude, and know-how to make sure that your legacy is protected and you future financial needs are met. Call us and ask how we can provide you with the relief you need at this difficult time.
3. Communication and Trust
Communication and trust are crucial between an attorney and client, especially in complex divorce litigated cases where the stress level can be elevated. It is important to establish a rapport with the attorneys, which includes confidence that the attorneys have the technical expertise and experience to do the necessary work. Clients need to help guide the attorneys’ actions with clearly communicated desired outcomes. It is the attorney’s responsibility to timely and respectfully provide truly candid and honest advice concerning the likelihood to achieve the Clients’ desired outcomes. This includes the fact that from time to time, the attorneys at Family Relief Lawyers may say things that are hard to hear. When this happens, we will clearly communicate all the options and potential outcomes and allow you to make an informed decision. You can be assured that every decision we make will be one which we believe is in your best interest, and will further the goals of your case.
4. Cost and Fee Structure
In family law cases, attorneys can charge their clients one of two different ways: by the hour or on a flat fee basis. With the exception of collecting past due support, attorneys can not legally take a family law case on a contingency basis. At Family Relief Lawyers, we bill our complex family litigation cases on an hourly basis. With hourly payment schedules, the attorney will charge a client for each portion of an hour worked on the case. An attorney’s hourly rate is based on a number of factors, including, the reputation of the attorney and the law firm, the experience and proficiency of the lawyers, the complexity of the work involved, and the nature of the law firm’s structure. This means people who hire the larger and more flashy firms will typically spend a lot more than people who hire smaller firms who spend less on advertising and have a much smaller overhead to cover. You do not need to spend a fortune with a big glitzy firm in order to get high quality legal representation. With Family Relief Lawyers, just the opposite is true. At Family Relief Lawyers currently our hourly attorney rates range from $250/hour for junior associates, to $450/hour for partners. Unlike most other firms, we do not have minimum billing requirements for the attorneys, so you will not find exaggerated, unnecessary, or duplicative charges on your bills. Costs for expert witnesses, depositions, and obtaining discovery are necessary and are expected in every case, and will either need to be paid directly by the client or immediately reimbursed by the client; so don’t be surprised.
The cost of experienced and skilled divorce representation can get steep and even be financially intimidating for many people who are in the midst of a divorce. But the expense of getting the divorce done right, is less expensive than having to live with financial and emotional consequences of a complex divorce done wrong. Good divorce counsel to properly litigate a complex divorce case can be expensive because: 1) complex divorce legal issues requires a high degree of overlapping legal knowledge and judgment, 2) we will always hire expert witnesses which will add their costs and another level of calendaring difficulty, 3) even without the expert witnesses, the time commitment increases with complex divorces and the need to take the necessary time to get them right the first time, and 4) since the case is at its heart a family law case, there is the added complexity of dealing with family dynamics, which can cloud the clients’ judgment and increase the difficulty of the attorney-client relationship. That being said, we do everything we can to move the case along as quickly as reasonably possible and to look for every opportunity to settle the case when appropriate.
