Most parties who are facing divorce would prefer to negotiate a settlement and avoid a trial in open court. At the Law Offices of Randy S. Margulis, we help our clients achieve their objectives through traditional negotiation as well as divorce mediation. For many divorces, a cooperative process is productive and leads to a mutually beneficial compromise. However, there are times when you simply cannot accept the terms of a compromise. When a spouse is dishonest about finances or could be a threat to your children’s welfare, you might need the court to issue an appropriate order. When you retain our services, you will work with seasoned trial lawyers capable of presenting a compelling case in court. You can trust us to prepare fully and advocate forcefully for the goals you have set.
A divorce is contested when the parties cannot reach a complete agreement on all terms, such as those relating to concerning alimony, child custody, child support, and property division. Accordingly, the parties must engage in a process where these issues are resolved before finalizing the dissolution of their marriage. Sometimes, this means the spouses will go before a judge who will make a decision on any matters where consensus cannot be achieved. Mediation, arbitration or further settlement discussion can also be used to arrive at a conclusion. An uncontested divorce occurs when the couple agrees to dissolve the marriage and executes a settlement agreement setting forth the relevant terms.
Cooperative processes only work when parties act in good faith. If your spouse is dishonest or unreasonable, you’re not going to be able to protect your rights and obtain a fair result through negotiations or mediation. But when you take the case to trial, you have more power to unearth key information and have a neutral judge who will render a decision on any disputed matters. Examples of potential disputes include:
Of course, any time you decide to litigate an issue, you take on the risk of an adverse decision. Therefore, you have to be confident in the attorney you’ve chosen to represent you and their litigation strategy. We examine every detail of your case, inform you of the range of your options, and formulate a plan of action focused on obtaining the best possible results.
The Law Offices of Randy S. Margulis in Buffalo represents Western New York clients in contested divorces. Call 716-886-9600 or contact us online to schedule a meeting at our Williamsville or downtown Buffalo office. Video consultations are available.