MATRIMONIAL & FAMILY LAW
As part of our matrimonial and family law practice, the Law
Offices of Steinberg & Early-Hubelbank PLLC is known for bringing excellence, as well
as experience, to assist you in all facets of this area of the law. Our services include
representation of individuals in preparing pre-nuptial/post-nuptial agreements, separation
agreements, contested and uncontested divorces, adoptions, contested custody proceedings,
contested visitation agreements and support matters. When a prospective client comes to
our office needing representation in one of the aforementioned areas, the focus of the
consultation is on process. That is, there are three processes available to clients that
they can use to resolve their matrimonial or family law issues. These areas involve and
include litigation, mediation and collaboration.
Litigation
Unfortunately, some personalities are such that one can
neither negotiate nor reason with an individual. When we are representing someone who has
a spouse or partner that is of this mind set, we may guide this client towards proceedings
in a litigated setting and allowing a judge to decide the outcome. While it is the firm's
philosophy that parties will ultimately be happiest when they get to control the outcome, our family lawyers are also tenacious litigators who will
vigorously advocate for our client's rights when this process has been selected.
Mediation
Both principals of the Firm are trained and experienced
mediators. Being both mediators and litigators permits the Firm to offer two types of
service for those clients wanting to proceed in a mediated setting. That is, acting as a
neutral-mediator between parties; or assisting a person as an advisor in connection with a
mediation proceeding. While we encourage people to consider mediation as an alternative to
litigation, it is important that a person enters the mediation process informed about the
law; knowledgeable about the issues that need to be resolved in mediation; and having
identified individual goals and goals that will serve the family. In acting as your
advisor, the Law Offices of Steinberg & Early-Hubelbank PLLC can facilitate your
thinking about these matters in a way that a neutral-mediator cannot because mediation is
driven by the parties to the mediation. We have found that clients who enter the mediation
process, with an advisor, tend to be more likely to have a lasting and satisfactory
agreement when the mediation process is complete.
Collaboration
Collaborative practice can best be described as an
interest-based negotiation that occurs between the parties. This process is best suited
for those who would like to proceed in mediation, who want representation in that process
and who want to create an all-inclusive plan for how they will proceed as they enter the
next phase of their life. The collaborative process can be the method of choice to
accomplish many things, i.e. in preparing a pre/post-nuptial agreement; to dissolve a
marriage; to create a domestic partnership agreement; and to resolve disputes centered on
custody or visitation during a divorce. In the collaborative process, the individuals will
be informed as to the law concerning each issue; however, the law may or may not be the
standard that the parties choose to use to resolve issues between them. As part of the
collaborative process, our family lawyers work with a team of health care professionals
and financial neutrals. The health care professionals are psychologists that are often
able to identify impediments to the process moving forward, and/or raise certain emotional
concerns that need to be addressed that often the clients themselves are unaware of. The
financial neutrals assist the parties in analyzing current spending and saving practices
and preparing future budgets for the two new households that will need to be supported. In
short, the financial neutral will often create a plan for how everyone can continue to
live now that there are two households to support. In resolving all family-related
disputes in the collaborative model, the parties are most often able to achieve results
that accomplish everyone's goals that may, at first, appear to be mutually exclusive.
However, this most often not the case, and in the collaborative process, the clients will
often came to recognize this. |