Kim H.
We explained to Kim that we could draft an out-of-court agreement for her and her husband which set forth the distribution of their property pursuant to their wishes. We would call this document a Separation and Property Settlement Agreement. This Agreement would protect both of them and they both would have control over its terms and functions. With regards to custody of their children, we advised she enter into a Consent Order with her husband for purposes of durability and modification. Within the Consent Order, we could also include child support provisions.
After sending Kim home to speak with her husband about the terms of their settlement, she returned with the outline of what they wanted. We were able to draft both the out-of-court Agreement and the Consent Order for custody and child support for her review within a number of days. We took as much time as was necessary to walk through every line of every page of both of the documents to make sure that Kim understood the provisions and their effect. We made any revisions that she suggested and finalized the settlement documents. Our next step was to send the documents to Kim’s husband. We suggested he consult with an attorney of his own choice to review the documents to his satisfaction. Within a short number of days we received word from Kim that all the documents had been fully executed and that they were both satisfied with the terms. We took the necessary steps to have the Consent Order filed with the Court and signed by the judge.
Within a short period of weeks, Kim and her husband were able to have the peace and security that they had avoid a contentious court battle, saved thousands of dollars in attorney’s fees, and could focus on moving forward and taking care of their children.
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Cindy N.
Cindy was a happily married mother of two children. She had been married for seventeen years. Although Cindy’s job as a school teacher was fulfilling, she depended upon her husband as the bread winner for their family. When Cindy’s husband announced to her that the marriage was over, she was left with several issues that needed to be resolved, including how she and her children were going to make ends meet after the divorce.
Following a number of temporary hearings for spousal and child support, we were able to obtain financial resources for Cindy so that she and the children could make ends meet until the final determination of all of her claims with her husband. In order to make sure that Cindy was adequately prepared for her testimony at her hearings, we met extensively to discuss the points being made to the Judge as well as prepare her for her testimony. Utilizing Affidavits and Exhibits supporting her testimony, Cindy was able to clearly and convincingly communicate to the judge her dire financial situation and her need for support from her husband. Further, following extensive discovery request’s, we were able to identify Cindy’s husband’s true financial situation and his ability to provide her and the children with the support they needed.
The parties elected to participate in a Judicial Settlement Conference in the hope of resolving to their pending issues of permanent custody, permanent child support, permanent alimony, and property distribution. Following the same manner in which we prepared Cindy for her temporary hearings, we were able to develop a comprehensive settlement strategy with documents to support our position. The Judicial Settlement Conference was successful and we were able to resolve Cindy’s remaining issues in one afternoon with the presiding Judge. Cindy now has custody of her children, child support, spousal support and a greater than fifty percent distribution of her marital estate.
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Tom C.
Tom is the proud father of two little boys. Although Tom thought his marriage had some problems, he did not understand the extent of those problems until he came home from work one day to find his wife and children gone and only a few of his personal belongings left in the home. Once we were contacted by Tom, we immediately initiated a legal action to attempt to return the children to their home and reunite them with their father. Tom’s wife filed an action for a domestic violence protective order. We were able to successfully defend against these claims and have them dismissed.
After extensive discovery we were able to determine that Tom’s suspicions of his wife’s infidelities, and thus the reason for her separation, was accurate. It was no coincidence that Tom’s wife had located another place to live when she left him or that she immediately began seeing a man with whom she and Tom were acquainted before the date of their separation. Following surveillance by a private investigator and lengthy depositions (out of court examinations taken before a court reporter), we were able to appropriately advise Tom regarding his claims against the boyfriend of his wife. We prepared and filed a claim for Alienation of Affections and Criminal Conversation against Tom’s wife’s boyfriend. In addition, we were able to resolve all of Tom’s claims in a Judicial Settlement Conference with his wife and her counsel. Tom’s wife voluntarily dismissed her claims for alimony and relinquished custody of their two sons to him. Tom’s distribution of property was an equal split between himself and his wife and he was responsible only for his own attorney’s fees.
We were able to assist Tom in negotiating an out of court settlement in his case against his wife’s boyfriend. Tom is now able to move forward with his life and enjoys his time at home with his sons.
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John J.
When John’s wife left him he was in their kitchen cleaning the oven. John was surprised by the sudden end to what he thought was a perfect marriage. As he started to try to sort things out, he noticed several telephone numbers on his phone bill that he did not recognize. When he called the number which appeared over and over again he learned that his wife had been calling a man they had met several months before at a friend’s wedding. When John confronted the man and his wife, they denied the relationship.
We assisted John with his claims for Alienation of Affections and Criminal Conversation and conducted extensive discovery. The opposing party continued to deny there had been anything more than telephone calls between him and John’s wife. Although the amount and timing of the telephone conversations (there were more than 100 in a very short time period taking place at all times of day and night) were enough to support a claim for Alienation of Affections, it was difficult to prove criminal conversation without eye witnesses or confessions. We took depositions of John’s wife, the opposing party, and the opposing party’s wife in preparation for trial. Although we engaged in a mediation, we were unable to come to terms to settle John’s case.
We prepared John for trial and retained an expert to assist us in the determination of John’s damages as a result of his broken marriage. After picking a jury, the opposing party finally admitted he had had a sexual relationship with John’s wife. The trial lasted two weeks and resulted in a six figure verdict for John.
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Mark S.
Mark contacted our office after he had been served with a summons and complaint by his wife’s ex-husband. Mark’s wife was previously married and involved in an abusive relationship until she obtained a divorce. Mark had had no romantic relationship with his wife before she separated from her husband. However, her ex-husband decided that Mark was to blame for his marital difficulties and sued him for Alienation of Affections and Criminal Conversation.
Once we were retained by Mark we filed a responsive pleading to the complaint and alleged our own counterclaims for Defamation of Character,: Libel and Slander, Invasion of Privacy, Intentional Infliction of Emotional Distress and Attorney’s Fees. Further, we were able to engage in a significant amount of discovery, including Requests for Admissions, as to the opposing party’s abusive behavior during his relationship with his ex-wife. As a result of our stead fast refusal to give in to the unsubstantiated lawsuit filed against Mark, the opposing party eventually took a voluntary dismissal of his claims with prejudice. Mark is now able to focus on more important things in his life, such as his own marriage.
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Kathleen M.
Kathleen and her husband had a son and a daughter. Following their divorce they reached an agreement such that their son and daughter would live with Kathleen primarily and visit with their father who had moved out of town. This arrangement proved tedious in some regards, especially as the children grew older and developed their own schedules and routines. Additionally, Kathleen’s oldest child became a teenager and developed a rebellious streak which resulted in her getting in trouble at school and with the law.
Although Kathleen and her ex-husband had had some disagreements over the years, they generally were able to get along with each other for the benefit of their children. Unfortunately, when their oldest child started acting out, Kathleen’s ex-husband decided he should sue for transfer of custody of both children to come live with him.
Upon our involvement, we requested the Court appoint The Children’s Law Center to make certain the best interest of the children would be served in the custody battle. Following depositions, the parties were involved in a four day trial. We were successful in defending against the Motion to Transfer Custody of both children.
