Not every case can be settled. Over the past 30 years, we have been successful in settling approximately 90 percent of the divorce cases that we have handled (i.e., negotiating an uncontested final judgment to settle all of the issues from property settlement to custody). The remaining 10 percent require a judge's decision on one or more of the issues pending between the parties to ensure that our clients' legal interests are being properly protected.
Here are the top five general guidelines for our clients to follow to help insure that we at Michael T. Mahoney, Ltd., obtain the best results possible in all of the divorce cases that we handle (contested or not):
- Be completely honest with your lawyer regarding all aspects of your case. The very last thing you want is for your lawyer to learn damaging information for the first time about your case in court from the other attorney or from your spouse's testimony. Your lawyer cannot effectively represent you this way.
- Do not assume that your lawyer knows what you want. The lines of communication between you and your lawyer must be open at all times to ensure the best possible results in court.
- Accept legal advice only from your lawyer — not your family and friends. You must make all of the important decisions as to property settlement, child custody and other substantive issues in your case; but you will probably make the wrong decision if you reject your lawyer's advice to follow the recommendations of your family and friends.
- Live your life as if all that you do will appear on the front page of your hometown newspaper the next morning. That will ensure that you do not unwittingly sabotage your own case.
- Be fair and courteous to your soon-to-be ex-spouse even if you do not receive reciprocal treatment. Taking the high ground is always a good idea. The alternative is to fight unnecessary battles in court, to run up your legal fees and perhaps to psychologically damage your children, who are forced to watch their parents battling needlessly.
