Going through a divorce or legal separation can be one of the most difficult times in a person’s life. The matrimonial attorneys at our law firm assist clients in getting through this challenging time by helping them select the best legal method of achieving their goals—whether that is representing a client in court (litigation), negotiating a settlement of the issues between the attorneys, or advising clients to use mediation or collaborative law (discussed elsewhere in this website). Every situation is different and we believe that a client needs to understand all of his or her options before deciding on the strategy that is best in their circumstances.
Divorce and Family Law Services
Our matrimonial and family law department provides three major types of services, depending upon your situation:
1. Divorce and Family Law Litigation
2. Divorce and Family Law Mediation
3. Collaborative Divorce and Family Law
Divorce and Family Law Litigation
Our attorneys represent clients in matters of divorce, separation, post-divorce enforcement and modification applications and many types of Family Court petitions involving child custody, custodial access (visitation), paternity, child support, domestic violence, and child abuse/neglect matters. Whether you have been served with papers or wish to file your own application or suit in court, we will vigorously advocate for your interests every step of the way. During the litigation process, we will always be ready to negotiate a settlement if it serves your best interests, but only with your consent. Please call us to schedule a face-to-face free 30-minute consultation with one of our attorneys to discuss your situation. Divorce and Family Law Mediation
Mediation is a process where parties to a legal dispute sit down with an impartial 3rd party who helps them talk through the issues of the situation and arrive at an agreement that both parties can live with. Unlike arbitration, the parties, with the mediator’s assistance, make all decisions about how to resolve the issues. It is almost always less expensive, less time consuming and more satisfying than litigation. The mediator helps parties negotiate in a more healthy, productive and collaborative manner than they might do without a mediator at the table.
Settling a case through mediation is much more likely to result in a healthier parenting relationship between divorcing parents. The mediator helps bring all relevant information to the table, and in the case of divorce the mediator requires that both parties provide a sworn financial affidavit and documentation regarding assets, liabilities and income to each other and the mediator. At the end, the mediator puts together the written Agreement that are used as the settlement terms of a separation or divorce. The terms of this Agreement are what the parties decided are best for them and their children, instead of a Judge imposing what he or she thinks is best.
If you are interested in finding out more and in meeting our mediator to determine if this process is best for you, please call our mediator, Steven R. Sugarman, Esq. or his legal assistant with any of your questions. Mr. Sugarman also offers a free 30 minute consultation where you and your spouse make a personal visit to our office to understand mediation better and to determine if you are comfortable with the mediator and proceeding with the mediation process.
Mr. Sugarman is one of Western New York’s busiest divorce and family law mediators. He is highly trained in mediation and is an experienced matrimonial and family law attorney. For more about his credentials, please see Mr. Sugarman'sbiography page
We have supplied the following articles and resources so that you can better understand the divorce mediation process:
Mediation - The Wise Alternative How To Resolve Conflict Wisely Collaborative Divorce and Family Law Collaborative Family Law is a method of approaching a divorce or separation in which each party has his or her own attorney, and the clients and the attorneys meet together in a series of settlement meetings, often taking turns in each attorney’s office. The goal is to arrive at a written, comprehensive settlement agreement that both parties can live with and that is best for any children that are involved. The parties and the attorneys sign a contract agreeing not to be adversarial at the meetings and instead to engage in collaborative problem-solving for all of the issues of the divorce or separation. The attorneys are advocates for meeting their own client’s interests and goals and are not neutral like a mediator would be; however, the agreed- upon philosophy of this process is for both the clients and the attorneys to, as much as possible, look for “win-win” solutions.
The attorneys and clients agree at the beginning of the process that if the case does not settle, the attorneys are barred from serving as the litigation attorneys. Thus, the attorneys are particularly motivated to obtain a resolution or they are off of the case— their focus is exclusively collaboration. This team approach can be further maximized by bringing in other professionals that can add expertise to this process where helpful, such as a counselor to assist in communication or parenting relationship problems, or an accountant or financial planner to assist in a neutral evaluation of an asset or to help the parties arrive at the most tax-wise support package or strategy for paying out an equitable distribution award. The collaborative process is for those people that like the positive problem solving strategies of mediation, but would like their attorney sitting at the table with them collaborating without the extra cost of a neutral third party. Once an agreement is reached on all issues, the attorneys draw up a written agreement that is signed by all parties and used for a separation or divorce. To maximize the chances of success in collaborative law, it is highly recommended that both attorneys have previously undergone a minimum of a 2-day specialized collaborative law training. Steven Sugarman of our office has had this basic training as well as advanced training in collaborative law, and is prepared to represent one of the parties in this process.
For a listing of some of the other attorneys in our community that have undergone such a training and for more information about the collaborative family law method, please visit the following website: WNY collaborative law For further information about collaborative law and its growing use in resolving divorce and separation issues, please visit the following website: International Academy of Collaborative Professionals (“IACP”)