What is family law?
Family law, also referred to as domestic relations law, encompasses several areas. It includes every step necessary to finalize a divorce. It includes every element that may be present in a divorce: child custody and parenting schedules, child support, spousal support and the distribution of marital assets and debts. It also includes prenuptial agreements; child custody and support issues when parents have not been married to each other; enforcement of existing orders and modification of custody, child support and/or spousal support orders. The attorneys at The Myerson Law Group, P.C. are experienced in the many facets of family law and can help you determine what will best meet your needs.
For example, if you are in the process of dissolving your marriage, we can advise you on the different approaches to divorce and the advantages and disadvantages of each method. The decisions you make at the beginning of the divorce process can substantively shape its progression and outcome. Having an experienced attorney at the beginning can lower the financial and emotional impact of the experience. Whether it is a divorce, modification of an existing order or another family law need, we can explain different approaches and work with you to develop a strategy for your unique circumstances.
Litigation
The traditional adversarial process is referred to as litigation. The litigation process starts with the filing of a Complaint for Divorce. Often the final hearing is not held until a year after the Complaint is filed, but motions hearings may be heard before the trial to resolve interim issues, such as temporary support. Discovery is the formal process in which both sides can seek information from the other party, case, including a series of questions and requests for documents. In a fully litigated case, the matter is tried in front of a judge who is governed by the rules of evidence and will make a decision based on what he/she learns during the trial as applied to the law. While the majority of family law matters involve some aspects of the adversarial process, cases can settle at any time. Often litigated cases are settled with mediation prior to trial.
Mediation
Mediation is an approach where the parties, sometimes accompanied by attorneys and sometimes on their own, meet with a neutral third party known as a mediator. Mediators are trained to facilitate discussions to assist parties in resolving their issues. A mediator cannot provide the parties with legal advice; however, he or she can provide general information. Decisions reached by the parties are more likely to meet the parties’ needs and to be followed without the need for future legal proceedings.
Collaborative Law Method
The collaborative law process is one in which each party selects his or her own attorney who has had special training in collaborative law. The parties identify their respective goals and concerns, provide full disclosure as to finances and other important facts. The parties then work together in an attempt to resolve their issues even as they are preparing for their separate futures. Additional professionals such as child counselors, accountants, and appraisers, who also have been trained in the collaborative method, may be retained by the parties to provide expert input.
The family law attorneys at The Myerson Law Group, P.C. are skilled and experienced litigators. Additionally, Jay Myerson and Kimberly LaFave are experienced mediators. Jay is the former chairman of the Fairfax County Conciliation Program, a long-standing neutral case evaluator, and is trained in the collaborative method. He is also a member of the Collaborative Professionals of Northern Virginia, the Virginia Association of Collaborative Professionals and the International Academy of Collaborative Professionals. Kimberly LaFave a holds a professional certificate in Family Mediation through Northern Virginia Mediation Service.
At The Myerson Law Group P.C., our legal team is able to assist you in each of these approaches.