Divorce Proceedings


Pre-Divorce

It may not be time to file for a divorce, but many clients want to at least know their options and have an understanding of both the process and laws in their state. We consult with our clients pre-divorce to provide advice about the process, the available options, and the particular circumstances of their case, and also provide information on what they should and should not do.

Some common recommendations include:

  • Marriage Counseling: If there are serious marital problems that are not being resolved through talking one-on-one,  we advise our clients to consider marriage counseling with a qualified, competent marriage counselor (either alone or with their spouse).
  • Journaling: As marriage problems continue to escalate and emotions run high, it may become hard to concentrate and recall important events or information. As such critical events occur, we advise our clients to record them in full detail as soon as possible in a journal.
  • Financial Resources Assessment: In the event a separation occurs and our client is the dependent spouse and not independently wealthy, they will need a source of funds to hire a lawyer and perhaps pay for other experts to assist them, such as an accountant, appraisers, or a private investigator. If our client is the higher-earning spouse, we advise them to take stock of their financial resources in a similar manner.
  • Household Inventory Assessment: Most cases involve distribution of property, including household furniture and furnishings. Before a separation, we advise our clients to create an inventory of home furniture, furnishings, and other assets, room by room.
  • Financial Records Preparation: Before a separation, we advise our clients to locate, organize, and copy known financial records.

Divorce

Ending a marriage can be an emotionally charged decision. Despite its emotional qualities, we know the best divorces and civil union dissolutions operate as business transactions to address the issues related to money, property, and children. Blank Rome’s matrimonial and family law attorneys have the experience and objectivity our clients need to handle this process, which can involve complex phases, such as negotiation, discovery of assets, litigation, custody issues, and more. Just as importantly, our attorneys have the necessary experience to assist in achieving the best possible resolution with our client’s specific issues in mind.

Alternative Dispute Resolution

We often recommend and encourage clients to take advantage of alternative dispute resolution techniques—such as negotiated settlements and mediated settlements—to create mutually agreeable outcomes without the need for litigation or unnecessary judicial decision-making.

We are experienced in helping clients avoid unwanted public attention during their divorces and dissolutions. For example, we often take advantage of California’s Retired Judge System for our California-based clients, in which retired judges hear cases in private trial settings. These retired judges have the same powers to issue orders and abide by the same rules of evidence as in traditional courtroom settings. However, these alternatives keep personal financial information and sensitive custody situations out of the public eye.

Post-Divorce

After a divorce is final, lives and situations change. Agreements that worked at the time often need to be changed. At Blank Rome, we help clients with a variety of post-judgment options and modifications in areas such as:

  • Child custody modifications
  • Child support modifications
  • Spousal support/alimony modifications

Courts review requests to modify divorce settlements based on significant changes in circumstances, such as changes in income or relocation needs. We work with our clients to understand the changes that have occurred and then seek arrangements that better fit their needs and goals.



SITE SEARCH