Know Your Priorities in Divorce

Do a cost-benefit analysis. In divorce, it is easy to get caught up in the emotion and make all of your decisions from that vantage point. This can be a mistake though; spending some time analyzing your case from a logical, cost-benefit perspective can pay dividends. Keep your eye on the ball and stay focused on getting the divorce finished so you can move on with your life. It is not uncommon for divorcing people to do things like spend $500 to get a $100 microwave oven. Don't do it. If you can't see a clear connection between your actions and achieving a final resolution of your case, then don't take that action.

Do know your priorities. Frequently people going through a divorce find that their priorities change throughout the process. The things that they thought were most important when they began the process are not necessarily the same things that are most important at the conclusion. It is important that you review your priorities regularly, with your lawyer or on your own, so that you are always mindful of things that matter to you most. Staying on top of your own priorities allows you to keep your Staten Island divorce lawyer informed and better use the divorce process to obtain the results that your care most passionately about.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Don't Sign a Blank Check!

Signing an agreement with a Staten Island divorce lawyer that calls for hourly billing is like signing a blank check. Be careful. Let's face facts - hourly billing encourages what? Billing! Find a lawyer who can tell you what your case will cost. The only way to be certain of your attorney fee is to get a firm commitment on a fixed fee. Short of a fixed fee you need frequent updates on the costs that you have incurred (if it were our money we would want daily, real-time, updates over the internet) and we would want the authority to accept or reject any action that would result in our paying more money.

It just doesn't make sense to give someone the economic incentive to make your life miserable by dragging things out. Doctors don't bill hourly - they charge you a fixed fee for your office visit or your surgery. Lawyers want you to believe that they can't predict your fee. If they won't tell you how much it costs then don't buy it.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Flat-Fee Divorce is Not for Every Case!

Flat fee divorce is not for every case. Some highly complex cases simply cannot anticipate all of the twists and turns of the litigation. Also, high conflict cases may not work well under the flat fee arrangement, as often times one spouse may try to drive up the legal bills by forcing the other spouse to make unnecessary court appearances.

However, cases that include some complex issues, such as property division, pensions and Qualified Domestic Relations Orders are appropriate for flat fee arrangements and should lead to less expensive divorces for clients and fewer fee disputes between Staten Island divorce lawyers and their clients. Flat fee divorce is another approach to divorce litigation that attempts to provide competent legal services to clients at an affordable price, by having the client feel the economic consequences of the litigation decisions at the time the litigation decision is made.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Think Before Hiring a Mediator

Don't hire a mediator without getting legal advice first. Often, people think that hiring a mediator is a substitute for hiring a lawyer in trying to resolve their divorce. The critical mistake these people are making is this: mediators can not give legal advice. Their role is only to help people agree; the drawback is that they may help you agree to something that you would not have agreed to if you had sought legal advice first.

Timing is everything here: using a mediator can be effective in resolving a divorce, you should never, ever hire a mediator without first obtaining legal advice from a Staten Island divorce lawyer whose only role is to represent your best interests. In fact, any good mediator will insist that you go and get legal advice before any agreement is reached, anyway. If you choose to mediate your dispute, get the legal advice before you begin mediation. It is more efficient and safer.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Getting a Collaborative Divorce Lawyer

Do hire a collaborative divorce lawyer (and get your spouse to do the same thing). Now you know you want to stay out of court. Do you want your situation to be resolved as efficiently, effectively, and successfully as possible? Of course. That's the way collaborative divorce lawyers handle divorces. In a collaborative divorce, everyone involved (lawyers and clients) signs a written pledge to keep your case out of court. This keeps everyone involved truly focused on reaching a mutually beneficial agreement, without threatening costly and destructive litigation.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Don't Let a Judge Decide Your Divorce

The minute you (or your spouse) go to court and ask a judge to decide your divorce for you, you give up nearly all of the control you have over the process. If you want to keep your money instead of giving it to a Staten Island divorce lawyer, and if you want to maintain control over your life, DO NOT LITIGATE. Go to court only as a last resort, only if all else fails. Try negotiation, try mediation, try collaborative divorce, try settlement conferences but do not litigate.

You may win at trial, but at what cost? Will you be able to dance with your former spouse at your child's wedding? Probably not. Litigation is destructive, expensive and gut wrenching. Litigate only if you have no other option. Litigation is, unfortunately, necessary in some cases. There will always be people that just can not agree no matter how hard you try. Reserve litigation for the most desperate situations.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Don't Hire the Wrong Divorce Lawyer

The Staten Island divorce lawyer you hire makes a tremendous difference. Use common sense in the selection process. Be observant, ask questions, and don't hire someone if you don't feel good about your interaction with him or her. Here are some things to think about in an initial meeting with a lawyer:

1) does the Staten Island divorce lawyer have a direct dial phone number? You can assume that if you have to go through a secretary or paralegal to reach your lawyer, you will have a harder time reaching him or her;

2) watch out for a messy office; if the lawyer is disorganized you can assume your case will be disorganized. If you see other clients' documents sitting out in public view, you can know that your documents will soon be sitting out in public the same way;

3) make sure the lawyer has a written client agreement that ensures that you understand your fees, rights and obligations;

4) don't hire the dabbler - someone that does a traffic ticket case in the morning, a real estate closing in the afternoon and squeezes your case in somewhere in the middle; divorce is complicated enough that you should hire someone who does it all day long, every day; and,

5) don't hire a lawyer taking on more cases than s/he can handle; ask the lawyer what his or her average caseload is. Handling more than 15 or 20 cases at one time causes most lawyers to become overwhelmed and ineffective.

Thinking about these issues when you meet with a lawyer for the first time will help you make the right choice.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Protecting Yourself from Divorce Lawyers

Everyone has heard the story (from friends, co-workers, and family members) of the divorce from hell; the one that grinds on for years, costs untold thousands of dollars, and frustratingly plods its way through the court system. It costs people not only their marriage, but often their children, their savings, and their emotional well-being, as well. Unfortunately, many people going through a divorce end up hating their lawyer, and more commonly, hating their spouse's lawyer. It doesn't have to be that way. You can get a divorce without letting divorce lawyers ruin your life. Using the ten tips outlined below will make a huge difference in the way your divorce progresses. It's hard to behave rationally as you navigate this painful process, but the vast majority of people find the strength to get through a divorce without losing control of their emotions or finances. You can control the process and guide the matter to a successful solution, leaving your financial situation intact and allowing you to meet your needs now and in the future.

The reality is that lawyers are people, and like people, there are some awful ones out there and a few wonderful ones. When you hire an awful lawyer (one who creates conflict rather than resolving it, one who makes your divorce worse, rather than better) everybody involved suffers. You suffer, your spouse suffers and your children suffer. Well, not everybody suffers. The awful lawyer doesn't suffer, so it's important to do everything possible to avoid hiring that lawyer, because that's the only sure way to keep divorce lawyers from ruining your life.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Divorce Attorneys and Marriage Dissolutions

Marital property is often contentious in a divorce. For example, many mistakenly believe that property purchased after a legal separation will not be considered marital property in the divorce proceeding. Some items might not be deemed marital property, such as a home owned by one spouse prior to the marriage, but lived in and upgraded with marital funds, to the detriment of the disadvantaged spouse. An experienced Staten Island divorce attorney and family attorney may actually prevent such a client from making concessions when the situation relegates itself to a gray area of the law.

In a marriage dissolution, no issue is more important than child custody. In this area most especially, a competent Staten Island divorce attorney and family attorney is essential for the well-being of both the parent and children. A divorce and family lawyer can suggest creative solutions and can present the client's best position to the court. A divorce and family attorney can take on the minutia of legal process so that the client's parental interests are not lost in an otherwise overpowering situation.

A divorce affects families for a lifetime. The ramifications of divorce can determine your standard of living for years to come. The degree to which children are affected in the coming years can be lessened with the right divorce settlement and custody agreement. The emotional drain of a divorce and the complexity of the law can result in a negative outcome that will haunt you for the rest of your life.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Divorce Attorneys Help Couples Find Relief

An experienced Staten island divorce attorney and family attorney can help clients navigate the complexities of marriage dissolution. For most people experiencing a divorce, the weight of emotional concerns can blur the practical issues that surface in every marriage dissolution. These issues range from tax issues and pension disbursement to the determination of marital property. The emotional concerns, a desire to expedite a painful process, and monetary limitations can prompt people to share legal representation or forgo representation all together.

This can be to the detriment of practical issues. The results can be disastrous in even the most amicable of divorces. In many marriages, income is disparate between partners. This disparity presents differing concerns for each spouse.

The spouse with the lessor income will need the means to live while job searching or pursuing an education. This spouse's contribution to the family must not be underestimated in a divorce settlement. Conversely, the higher earning spouse is often unaware there are limits regarding the court's assessment of overtime pay and bonuses. In each of these situations, a divorce and family lawyer can navigate the subtleties of family law that are favorable to the client.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Divorce Lawyers for Men

Typically, in any divorce case, the needs of the husbands are different from that of the wives. Husbands also have to deal with substantial financial strain apart from the attorney fees. Alimony is a major factor in divorce proceedings, from the point of view of the male partner. A fair calculation of the alimony amount is essential to protect the husband's interests. It especially becomes complicated when the couple has children, due to the custody issues that have to be sorted out. To protect his rights, it is necessary that the male partner involved in a divorce engages a lawyer who focuses on handling divorce cases for men.

ADAM or American Divorce Association for Men is an organization that deals with divorce issues faced by men. It ensures that the man knows his legal rights and various other facets of the separation such as child custody, child support and alimony - and what he is legally obliged to with each.

Staten Island Divorce attorneys discuss the different legal options available, in detail, with their clients. They counsel them on the various options available to them during the divorce proceedings. It is important for men seeking divorce to get sound legal advice in order to secure their finances in the future. During a divorce, the family finances may be examined and divided by the court. Good divorce attorneys can provide advice on parenting plans after the divorce, keeping the best interests of the father and the children. They can also refer and recommend counselors and therapists, who can help the family get through the difficult times.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Determining Alimony in Divorce

How alimony is calculated depends on where you live and are getting your Staten Island divorce attorney.

Some states, and even some counties, have alimony guideline charts, similar to the child support guideline charts that exist in all 50 states and the District of Columbia. The charts determine an amount of alimony depending on factors such as the income of the parties and whether and how many children are involved.

In California, for instance, there is no statewide alimony guideline chart; however, Santa Clara, CA has guidelines, and many other California counties have adopted those charts. The courts use them as a starting point, before making adjustments to fit the circumstances of the divorce case.

In Pennsylvania, there are guideline charts developed at the state level. Generally the courts must follow these guidelines, though they can deviate from them as long as they explain why in writing.

Texas, which does not have guidelines charts per se, actually goes one step further by imposing a maximum amount of alimony: $2,500 per month, for three years.

Several other jurisdictions around the country have developed their own charts. But in most places, alimony is up to the discretion of the courts, both as to amount and duration. The judges take into account the income of both parties, and, in particular, the need of the receiving spouse.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Does a Recession Decrease the Divorce Rate?

Divorce is an expensive proposition for most couples. It's never an appealing process and is often ripe with a range of negative emotions. The cost of Staten Island divorce lawyers, child support, alimony, an accountant or a private investigator, if needed, is daunting. Not to mention counseling and psychologist bills that many incur following or during a divorce. Consequently, as we are in an economic recession, the divorce rate has seen a dip.

According to the report, 'State of our Unions 2009' by the National Marriage Project at the University of Virginia, in an economic downturn, couples are less likely to file for divorce. For some, it's simply not financially viable. That second income is very important to some and giving that up in favor of the many fees and additional expenses associated with a divorce is just not an option.

The percentage of divorced females in 1970 was 3.5. It increased to 8.9% in 1990, but has remained fairly steady since, arriving at 11.1% in 2008. The number of divorces among women 15 years and older decreased from 17.5 per 1,000 women to 16.9 per 1,000 women from 2007 to 2008. A peak of 22.6 per 1,000 women was seen in 1980. The report also points out that, according to Michael Gerson of the Washington Post, divorce also declined during the Great Depression.

The financial obligations that are so often associated with divorce probably have a significant impact on the decline in the divorce rate, although it is important to point out that the strain imposed by the recession on wallets could also put a strain on marriages.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

The Flat-Fee Divorce Concept

The flat fee concept takes a new approach to the client/lawyer relationship. In the flat fee approach, the lawyer determines, in the initial client interview, what the case will require in terms of preparation, discovery, research and court appearances. The lawyer then quotes a flat fee to the client. The fee agreement will identify the number of court appearances to which the client will be entitled to have the Staten Island divorce lawyer appear in court under the flat fee agreement. The fee agreement will also specify that additional court appearances will require a flat fee, paid in advance. The fee agreement will also identify the depositions that the flat fee will cover and will identify that additional depositions will be charged, in advance, at a flat fee per day.

The fee agreement will allow the Staten Island divorce attorney to modify the advance payment terms, as the attorney, in his discretion, deems appropriate to the circumstances of the case. The flat fee agreement also requires that the client pay the expenses of the litigation, including filing fees, deposition stenographer attendance and transcript fees, expert witness fees, etc. The result is that the client knows up front the cost of the divorce litigation. If the client wishes to expand the litigation by requiring additional court appearances, the client feels the economic impact when the decision to make additional court appearances is made. Thus, the client is able to make a better educated decision in regard to whether to resort to the courtroom for resolution.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

More Issues With Divorce

Support of Children.

Child support is determined pursuant to child support guidelines statutes. The guidelines maintain a presumption of correctness in terms of the amount of support, but this presumption is usually rebuttable. Practically speaking, most child support cases are determined per the guidelines, but the factors that the court takes into account when computing the guidelines also varies. Child support, despite the guidelines, is often at issue as people skew their incomes and various other important numbers.

Division of Property.

Property division systems, and the ideas behind them, are perhaps the most variable statutes depending on jurisdiction. A small number of states are community property states, usually meaning that each piece of property (except those acquired by gift or inheritance) is owned 50/50 by each spouse regardless of who actually bought or has title to the property. Non-community property states typically look at property according to title. In both types of systems, property is usually divided equally or equitably. It is important to note that equitable division does not necessarily mean equal division.

Spousal Support.

Alimony, or spousal support as it is often called, refers to funds paid from one spouse to the other for the purpose of providing support for living expenses. Spousal support can generally be awarded on a temporary basis through the expiration of the litigation, on a rehabilitative or definite basis through the expiration of some period of time in the future, or on a permanent basis.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Attorney's With Flat-Fees

Contested divorce proceedings have long been an expensive proposition for couples obtaining a divorce. Many alternatives such as mediation, collaborative divorce and DIY (do it yourself divorces) have developed. However, each area of alternative divorce resolution has its strengths and drawbacks. Most times, an effective divorce lawyer representing the client is the optimum method for the client, except that the cost of traditional representation can be unpredictable and usually more expensive than alternative methods. A new approach has been developed, called "Flat Fee Divorce".

The traditional arrangement between a Staten Island divorce lawyer and the client is set out in a Fee Agreement. The rules of professional conduct for Massachusetts lawyers requires "the basis or rate of the fee shall be communicated to the client, preferably in writing, before or after commencing the representation". The traditional Fee Agreement will call for a retainer, with the lawyer billing by the hour against the retainer. The problem with the traditional approach is that in the highly volatile and emotional divorce litigation, clients often demand that the lawyer file pleadings to address perceived wrongs. These pleadings require court appearances. Court appearances are usually expensive when the lawyer is paid by the hour, as the court system is not run on an appointment basis. Lawyers and litigants are forced to wait at the court house on the day of their hearing in order to have their matters heard- either by a court mediator or a judge, or both.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Getting the Right Information from Your Attorney

While the issues contained in any family law case will depend on the specific facts of the case, there are a few general categories into which each of those issues can be placed. Make sure that you seek advice from your family law attorney about the following subjects:

1) Grounds for Divorce.

Most states have various grounds for divorce, not all of them created equal and not all of them very easy to prove. Separation grounds are most common, meaning that the parties have been separated for the statutory period required to obtain a divorce (usually one or two years). Additionally, many states have grounds for divorce based on adultery, cruelty or other domestic violence, desertion, and incarceration of one spouse for a specified period of time.

2) Child Custody.

Child custody and visitation issues are often times the most emotional. Many parents do not realize how much separation and, more specifically, their actions during and after separation affects the child or children. Instead of "our child," it becomes "my child," and instead of "the child's time with me," it becomes "my time with the child." These types of selfish thoughts run contrary to the standard in most states for determining child custody and visitation arrangements - the best interest of the child. Factors that the court uses to determine the best interest of the child vary wildly from state to state, but the most important factor is how to give the particular child the best chance of thriving in the future.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.

Remain Flexible!

Do remain flexible. One of the most common mistakes people make when they begin a divorce is to decide that they absolutely, positively must have A, B, and C, and nothing else will be sufficient. Remaining flexible in the divorce process allows you to critically and impartially analyze all of the issues as they arise. This is especially true for people who have reviewed their priorities throughout the process. Knowing what you want, and being flexible in your approach to getting it, can often mean the difference between success and frustration.

Do stay involved. When you hire your Staten Island divorce lawyer, don't simply hand control of your life over to him or her and walk away. Your divorce is critical to you, and it's too important to be delegated away and ignored. Stay abreast of developments on a daily basis. Find a lawyer who wants you to be as involved as you do. Two things to look for in a lawyer who wants to keep clients involved: same day delivery to you of all documents that come in or go out of the lawyer's office (email is a great option for this) and 24/7 access to your case file. Ideally, your file will be available on an extranet on your lawyer's website. If you can access your credit card and bank statements online, your divorce file should be online, on your lawyer's website, as well. Many lawyers use technology to make your life less stressful and more convenient; find one who uses the latest technology to help you stay involved. Involved clients are able to maintain control, reduce anxiety and make better judgments about their future, which helps them to reach positive outcomes in their divorce.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.