Divorces have been severely impacted by slumping real estate prices, reduced incomes and increasing debts. A person contemplating divorce needs a realistic assessment of what can be expected. Hiring a "shark" as your divorce attorney may not be the proper decision and may not get you a proper analysis of your case. You need an attorney who knows when to be aggressive, but just as importantly, when not to be too aggressive.
During times of prosperity, spouses knew that, at worst, assets could be sold, debts paid off, and each would walk away with some cash. Alimony and child support would be additional sources of revenue. Today, however, with so many homes worth less than the mortgage debts against them, homes cannot get sold, credit card debts cannot be paid, and spouses do not have money to find new residences. Spouses may be unemployed, and the prospects for significant alimony and child support may be weakened.
In Palm Beach County, divorce rates have fallen dramatically in the last two years, primarily because people cannot afford contentious litigation and cannot afford to live in two households. This raises the tension level in the household, particularly when there are minor children.
The more a client knows about the family finances before meeting with a divorce attorney, the better. Clients need to have reasonable expectations of what they can expect to receive or to pay, and divorce attorneys should not unreasonably raise expectations. Clients need an attorney who is not afraid to tell them the truth about the likely results of litigation.
There are no inexpensive divorce cases these days. Attorneys typically charge on an hourly rate, and contingency fees are prohibited, so it is important for the client to obtain a realistic estimate of what litigation will cost and to balance that cost, including the expenses of forensic accountants, vocational rehabilitation consultants, real estate appraisers, and other experts, against the projected results of litigation. Clients need to put aside emotion and finger-pointing.
Attorneys can help or hurt the divorce process. The days of looking for an attorney who has a reputation as a "shark" hardly guarantees a favorable result, particularly if hiring a "shark" means unbridled litigation without purpose. Instead, the search for an attorney should be for one who knows how to litigate cases that must be litigated, but also knows how to settle cases that should be settled. The court system is so bogged down right now that a divorce trial can be many a year or more away. During that time, assets and income are drained. Clients need to hire attorneys who can evaluate the pros and cons of making or rejecting settlement offers, not attorneys who litigate over every issue, however minor.
JOEL H. FELDMAN is a partner in the law firm of Feldman & Schneiderman at 401 Camino Gardens Blvd., Boca Raton, Florida (561-392-4400). He has been practicing in Boca Raton for over 30 years and is considered "Preeminent" in the field of divorce and family law. Joel Feldman is an honor graduate of Georgetown University and Duke University School of Law, twice has been honored by the Legal Aid Society of Palm Beach County, is involved in multiple charities in the south Florida area and is rated "AV" by the Martindale-Hubbell rating service for attorneys. Please visit the firm's website at www.feldmanlawoffice.com.
