Complex divorce cases involve substantial property and asset issues, significant financial or taxation questions, multiple claims and counterclaims, the potential joinder of third parties and/or hotly contested child custody disputes. A complex divorce case may also involve the sale or division of multiple homes or real estate investments or the breakup of a family business and a related dispute over the valuation and distribution of the proceeds of the business.
In all of these cases, there are two paths that can be pursued: litigation or settlement. In litigation cases, the lawyer and client will work together to develop a strategic blueprint for action, including a targeted pre-trial discovery plan aimed at gathering all of the necessary information from the other spouse and from outside sources. Significant time and attention will need to be dedicated to preparing the witnesses, testimony, exhibits and other evidence that will be presented at trial. Important motions may need to be filed prior to the commencement of the trial in order to narrow the issues and to exclude any inadmissible or inappropriate evidence.
If a case can be settled rather than brought to trial, the parties may save a considerable amount of money and anxiety while reducing the risk of an undesirable outcome. Settlements can often be achieved through mediation, four-way conferences, and other alternative dispute methods. Settling a case, however, requires good, solid preparation: the opposing party must appreciate your willingness and capacity to take the case to trial, and must see that the evidence in your favor may lead to a prospective victory for you at trial. Therefore, it is necessary to work efficiently and strategically with your attorney to “build” your case so that you can achieve a meaningful settlement.
Mark S. Guralnick has handled many complex divorce cases over a career that spans more than 30 years in the trenches. As both a Certified Civil Trial Attorney and a trained mediator, Mark S. Guralnick is prepared for both litigation and settlement. If you have any questions regarding your case, please do not hesitate to call the Law Offices of Mark S. Guralnick.