Articles - Divorce

Usually a Trial Is Not Necessary, but Be Prepared

Problems that face all clients who are in the process of divorce and their divorce attorneys are how to obtain a fair: (1) distribution of assets and liabilities; and (2) determination of child support and spousal support, while minimizing their cost of divorce. When the circumstances allow, it is always best that the parties and their attorneys maintain a cordial and cooperative attitude toward each other so that these issues can in a fair but cost efficient manner. However, if a divorce settlement is not possible, then aggressive preparation for trial may be the only alternative.

Consider the following two cases recently handled by the firm:

Birmingham Office:

Charles L. Nichols proceeded to trial in Oakland County Circuit Court. Prior to the trial, the client was offered $25,000.00 in assets to settle the divorce of a five-year marriage. Although the marriage was of relatively short duration, Mr. Nichols was able to negotiate a settlement of over $125,000.00 for his client at the beginning of the trial because of his extensive preparation for trial.

Dearborn Office:

Michael D. Eberth represented a client in a divorce trial in Washtenaw County Circuit Court. There were significant issues relating to property distribution, the spousal support amount, and the spousal support duration. On the fiffh and last day of trial, the client's spouse accepted an offer to settle the divorce that was $60,000.00 less than any previous offer made by the client. Again, the preparation for trial played a significant role in the ability to obtain a favorable settlement for the client.

In both of these cases, proceeding to trial was the last alternative due to the cost of the trial and the stress that a trial places on the clients and their family. However, when it became clear that a trial was necessary, the attorneys aggressively pursued the relevant facts that would support their client's positions and diligently prepared for trial, ultimately resulting in the favorable resolution of these matters to the benefit of their clients.

For more information on Divorce, read our article "Standard Life Insurance Clause In Most Divorce Judgements May Not Be Effective"! We also provide other articles under the catagory of Divorce on our Newsletter Articles page.

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NICHOLS & EBERTH, P.C.
22374 Garrison, Dearborn, MI 48124

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