Ken Graeber is a leader in family law, with special training in the area of divorce. He believes that a cooperative, reasoned settlement is always better and healthier for his clients than a costly, adversarial trial. However, each case must be examined independently to determine the best way to proceed. Sometimes this means litigation is inevitable – in which case Ken will fight to achieve a proper result.
In litigation, each individual hires an attorney to represent her or him in court regarding matters they cannot resolve on their own. These issues typically include the valuation and division of assets, a determination of the division of liabilities, custody of children, support, and attorney’s fees. While the ideal goal is to resolve the dispute amicably, court intervention is pursued if the parties cannot reach an agreement.
Attorneys begin by gathering as much information and documentation as possible from the client. After the client has presented all available documentation to his or her attorney, the attorney then makes formal and/or informal requests of the other attorney for documentation to supplement what has been obtained. Business, real estate and pension evaluations may be necessary. Copies of tax returns, credit card statements, bank statements and monthly bills are provided so that each party can present an accurate financial picture of income, expenses, assets and debt.
Often, parties can reach an agreement regarding the division of their marital estate based upon these disclosures. If additional information is required, or if one party believes the other is withholding information, then subpoenas may be served upon businesses, employers or others to generate such supporting information. Depositions, which are transcribed interviews of potential witnesses sworn in under oath, are often conducted to supplement missing information.
During the trial there is a full hearing of all contested issues. The litigation attorney prepares exhibits of documents necessary to support the requests the client is making. Witnesses may also be called on your behalf. After both you and your spouse have presented all of your financial and family-related documents into the public record and witnesses have testified, the judge issues a decision based upon his or her interpretation of the information and testimony, along with applicable law. If one or both parties are not satisfied with the court’s judgment, appeals can be presented to the appellate court.
Mediation is another voluntary process by which you and your spouse make joint decisions on a settlement. A singular professional mediator facilitates discussions but does not give advice or make decisions. The mediator may, however, make suggestions as to how the various disputed issues can be resolved.
Both parties meet with the mediator to identify issues, exchange information, and work towards an agreement. The parties each have their own lawyer and may retain other professionals as deemed necessary to answer questions in advocacy for each party confidentially. In complex divorces (those cases characterized by a large amount of or high value assets, special needs children, business investments) each party may choose to have his or her attorney at the mediation session. A skilled mediator will suggest that the parties hire an attorney to review their mediated decisions after a settlement has been reached, but before filing with the court, to gain assurance that their legal rights are upheld.
Mediation can be used to handle different types of family law issues, such as:
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