FAQ
1. Why should you Avoid Court?
You save time and money by agreeing to a private resolution
Court is expensive, slow, and public.
Private resolutions are faster and less expensive
Do you want the public to know your dirty laundry? Anyone can request your court file which may include unproven damaging allegations that stay on the record forever. It is becoming even easier for friends, family, and potential employers to view court documents as more and more courts are moving toward an on-line system.
In family court more than any other, the decisions can be arbitrary and your outcome may be heavily based on the Judge you draw for your case. Do you really want to leave the decisions of your future to someone else to decide?
In court, you pay for everything in a complicated process. Documents drafted and filed, Fees paid to the court system, Process Service to your opponent, Motions, Oppositions and Counter-motions fly back and forth. All this happens before a single word is ever heard by the judge and costs thousands of dollars.
Court dates frequently get continued months into the future.
The court system is frequently delayed and you will pay your attorney hundreds of dollars per hour to sit with you in the hall while you wait for your case to be called.
There may be unintended consequences to filing in court. You may file to resolve one issue and your opponent counter-sues you on ten other issues. Remember there are two sides to each issue and it is the Opposing Attorney’s job to insure that the court favors his client over you.
You may be required by the court to pay your opponents legal fees.
2. You can solve first, and argue later
Finding a resolution to the situation first, before the drama and anger arise, is smarter, faster, and will save you money.
By solving the issues quickly, you avoid the emotions and tension between the parties that leads to threats and actions which can bring police intervention while the legal process drags on.
Children are often caught in the middle of arguments and can be damaged by a long process. Neither party intends to involve the children, but inevitably, it happens.
Instead of watching Mom and Dad fighting for months, once an agreement is reached, the parties can simply explain to the children what has happened, that Mom and Dad have a plan, and that everyone will move forward accordingly.
3. Can you hire an attorney to settle instead of fight?
You are completely within your rights to hire an attorney to settle your divorce instead of fight it out in court!
It is an attorney’s job to represent you to the best of his or her ability. The problem is that it may not really be in your best interest to be involved in a long and expensive court battle. When you hire an attorney to represent you against another party, they will do their job and fight for everything you may be entitled too. You have to decide whether the cost of that fight is worth what may be left at the end of the battle because while you fight, the attorneys are furthering their own profit margins by charging high retainer fees and expensive hourly rates.
It is our belief that most clients would be better served if they could cooperate with the opposition up front to find a solution which works for both parties. Neither is going to get everything they feel they are entitled too. But, we believe most will end up with far more than they would receive at the end of a court battle.
We know that approximately 90% of Divorce cases settle and most happen right before the beginning of trial (the last phase of the divorce proceedings) when attorneys are asking clients to come up with thousands of additional dollars to cover the enormous costs of trial. When faced with those costs, clients find it easier to settle than give their attorneys any more money.
Why not try to reach an agreement first, then if it is impossible, you can always hire separate attorneys later and spend the money going to court. The fees to attempt to settle first are a small fraction of what you will spend in court and well worth the effort! At the very least, you should be able to reach an agreement covering most of the issues, and then only have one or two issues to take to a court. This alone can save thousands of dollars and months of time.
4. Are you Attorneys?
Each of the Family Law Centers is owned and operated by attorneys. We are regulated by the State Supreme Courts and our local Bar Associations.
We are licensed to resolve your problems. While, when working together with opposing parties, we are unable to give legal advice to either side, we will work with both sides to establish a fair resolution which we can take to the court for quick approval.
We are responsible for the quality and accuracy of the work we perform whether inside the court system, or out.
5. Do you need a Court to decide your situation?
Adults can legally contract to resolve any family problem. You do not need to file in court to resolve your legal issues.
A valid contract binds both parties to the terms of the agreement
In our process, the court only becomes involved at the end to approve the agreement. It is quick, inexpensive, and has the full weight and power of the court to be enforced. |
