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Divorce

Foster Swift’s dedicated team of attorneys help with all issues related to divorce, separation and post-divorce judgements. First and foremost our clients know that they can depend on us to listen to their concerns, present the array of options, provide recommendations regarding the situation and provide representation of their interests as amicably or as aggressively as the circumstances dictate.

There is no such thing as a "cookie cutter" divorce at Foster Swift. Everyone’s divorce case is unique. From simple to complex, we have experience handling all aspects of divorce cases including:

  • Custody
  • Child support
  • Parenting time
  • Grandparent’s rights and custody actions
  • Spousal support
  • Property issues including: real estate, businesses, separate property (premarital, inherited and gifted) and personal property
  • Post-judgment
  • Tax issues
  • Impact of pre and post-nuptial agreements

Realizing the highly personal and sensitive nature of divorce, we are committed to making sure that you understand your legal rights and that the decisions you make are in your best interests and those of your family for today and for tomorrow.

Divorces can be resolved through traditional litigation, mediation, and arbitration, as well as collaborative-style divorce proceedings.  Our attorneys are experienced in all avenues of divorce resolution, and will guide you toward the process that is best suited to the circumstances of your case.

Traditional. Traditional divorce is what most people think of divorce and the divorce process which begins when one spouse serves the other with divorce papers and the matter proceeds to court. It’s important to keep in mind that in traditional divorce proceedings a judge is making decisions as to issues like child custody, child support, and spousal support. Indeed the very thing that allows our clients to achieve favorable divorce settlements in many cases is the fact that our attorneys are skilled courtroom advocates.

Arbitration. Instead of going straight to court, the parties may decide to proceed to arbitration, in which the parties choose a neutral attorney as an arbitrator to oversee their case. Many individuals select arbitration because: (1) it allows them to have more control over the process, (2) the information exchanged in arbitration is not part of a public record, and (3) the expense may be less than that of traditional divorce. Foster Swift’s Family Law attorneys have considerable experience conducting successful arbitration proceedings for clients.

Collaborative-Style Divorce.
 In a collaborative-style divorce, spouses who are able to maintain a civil, honest, and constructive discourse, work directly with one another in a structured and safe environment. Both parties may retain attorneys, as well as other advisors such as financial or therapeutic experts, to assist in the process of resolving the financial, custody, and support issues that arise in divorce. Once finalized, the parties’ settlement is submitted to the court for approval.

At Foster Swift, our attorneys have experience helping clients structure and implement collaborative processes that fit their needs and objectives, resulting in outcomes that are often less emotionally-taxing, expensive, and time-consuming than is typical in many traditional divorce proceedings. Contact us to discuss the best divorce option for you.

Publications & Alerts

Events

  • Divorce Mediation, ICLE Family Law Institute, November 2016

News