The
Framework.
When someone first comes to see us, their family law matter usually does not feel very organized.
There may be a long history between the parties. There may be several things going wrong at once. Sometimes court proceedings have already started. Other times, the client simply knows that something needs to change and does not know what to do next.
Our first job is to bring some structure to that.
Every file is different, but the way we approach a file is fairly consistent. We learn what has happened, identify what actually needs to be resolved, develop a strategy, and then work toward a resolution.
If we can resolve the matter by agreement, we do that. If we need the Court's help, we use the Court process.
And when the issues have been resolved, we finish the file.
UNDERSTAND
Categorize
Strategize
Resolve
Litigate
Finish
Our
Framework.
01
Understand Your Situation
We start by learning what has happened.
Before we can tell you what we think you should do, we need to understand the situation.
We will want to know the history of the relationship, what has happened since separation, what arrangements are currently in place, and what brought you to a lawyer now.
We will also want to know what is most important to you.
Sometimes there is an immediate problem. There may be an upcoming court date, a parenting issue that needs to be dealt with quickly, or a financial concern that cannot wait. Other times, there is no emergency and we have time to work through the file more methodically.
We will review the documents that matter and identify what other information we need.
The point of this stage is fairly simple: we need to understand the file before we start making decisions about it.
02
Categorize the Issues
We figure out what actually needs to be solved.
A separation can produce a lot of disagreements. Our job is to work out which of those disagreements actually require a legal solution.
Most family law files involve some combination of four things:
Parenting. Child Support. Spousal Support. Property.
We look at each of those issues separately.
What has already been agreed upon? What is actually in dispute? What does the other party want? What do you want? What information do we still need before we can properly deal with the issue?
This is often where a file starts to feel more manageable.
Instead of having one large dispute with your former spouse, we have a defined list of issues that need to be worked through.
03
Build the Strategy
We decide what we are going to do about it.
Once we understand the file and know what needs to be resolved, we can develop a position.
We look at the law, the evidence we have, the evidence we may still need, and the position being taken by the other party.
We also talk about what a realistic outcome looks like.
There may be things worth fighting over and other things that are not. There may be an outcome that is legally available but would cost more to pursue than it is worth. There may also be an issue that is important enough that it needs to be pursued even if doing so will take some time.
Those are decisions we make with you.
Then we decide on the next step.
That might be a settlement offer. It might be a conversation with the other lawyer. It might be mediation. It might be gathering more information. And in some cases, it might be going to court.
You should know what we are doing and why we are doing it.
04
Pursue Resolution
Most files should have a serious attempt at settlement.
Once we know our position, we try to resolve the matter.
Sometimes that happens through an exchange of settlement offers. Sometimes the lawyers can speak directly and narrow the issues. Often, mediation is the best opportunity to get everyone into the same room and work through the remaining problems.
We prepare for those discussions.
That means knowing what we are asking for, why we are asking for it, where there may be room to move, and where there is not.
Settlement does not mean agreeing to whatever the other side proposes. It means seeing whether there is a reasonable outcome that allows the parties to resolve the dispute without having a judge make the decision for them.
If there is, we want to find it.
If there isn’t, we move on.
05
Litigate When Necessary
Sometimes we need a judge to make the decision.
Not every family law problem can be settled.
Sometimes the parties simply cannot agree. Sometimes someone is not providing the information we need. Sometimes there is an urgent issue. Sometimes one side is taking a position that leaves very little room for a negotiated resolution.
That is what the Court is there for.
When we need to go to court, we try to be clear about why we are going and what we are asking the judge to decide.
We prepare the necessary evidence and court materials, respond to the other party’s case, and advance your position.
Court also does not have to be all or nothing. We may need a judge to decide one issue while continuing to negotiate everything else.
The goal is not litigation for its own sake. We use the Court when we need it to move the file forward.
06
Finish the File
Eventually, a family law file should end.
Getting an agreement or a court decision does not always mean the work is finished.
The agreement may need to be put into writing. A court order may need to be prepared and filed. There may be a divorce to complete, property to transfer, support arrangements to put into effect, or other loose ends to deal with.
We want those things finished too.
Our goal is not to have clients who need a family lawyer forever.
Our goal is to understand the problem, help you make good decisions about it, resolve what can be resolved, fight about what actually needs to be fought about, and then finish the file.
Start with a conversation.
A sentence or two is plenty. Replies within one business day, usually sooner. Confidential from the first message.
Start with a conversation.
A sentence or two is plenty. Replies within one business day, usually sooner. Confidential from the first message.