Understanding What a Divorce Attorney Cannot Control: Insights from Attorney Helen Dukhan

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With over twenty years of experience solely in family and divorce law matters at HD Family Law, we understand the intricacies and complexities involved in the divorce process, and we strive to provide our clients with clarity and support. However, a divorce case has certain aspects that even the most experienced attorney cannot control. Let’s take a closer look at three key factors:

1. The Length of Time a Case Takes

One of the most common questions we get asked is, “How long will my divorce take?” Unfortunately, there is no straightforward answer. The duration of a divorce case can vary significantly based on several factors, including:

– Party (Each Spouse) Cooperation: How amicable or litigious the spouse and/or parents are can significantly influence the timeline. Collaborative clients who agree on major issues can expedite the process, while contentious cases can drag on.

– Court Schedules: The speed at which your case progresses is primarily dictated by the Court’s calendar and workload. Delays are not uncommon in the judicial system of both New York and New Jersey.

– Unforeseen Developments: Each case is unique, and unexpected issues can arise, further extending the timeline.

– Attorney Cooperation: At HD Family Law, we do not make mountains out of molehills, which ultimately cause unnecessary delays; however, not all attorneys support amicable resolutions. We cannot control what kind of attorney your spouse will retain, and unfortunately, some attorneys are not the most cooperative. 

Our ultimate goal is to achieve our clients’ best interests and financial security. With that goal in mind, we work diligently to move your case along as efficiently as possible, but the ultimate timing is often out of our hands. 

2. The Cost of Your Case

Predicting the exact cost of a divorce is akin to forecasting the weather—uncertain and subject to change. Several elements can influence the overall expense, such as:

– Case Complexity: Simple, uncontested divorces are less costly than those involving disputes over assets, child custody, or support.

– Legal Motions and Trials: The necessity of filing motions or going to trial can increase costs. These legal processes require time and resources. Often, it is impossible at the outset of a divorce and/or family matter to predict whether motions and/or a trial will be necessary. 

Attorney Involvement: We often let our clients know that the more they can communicate with their former partner and reach certain agreements between themselves, the less attorney involvement will be necessary and the less costly their case will be. However, depending on the case, the levels of cooperation of everyone involved, and certain possible safety concerns, communication might not be possible or strategically beneficial. 

Our commitment at HD Family Law is to keep costs down and provide transparency throughout the process. We focus on delivering quality service, ensuring our clients receive the best representation without unnecessary expenses or delays.

3. The Outcome of the Case

The resolution of a divorce case depends on many variables that are beyond our control, including:

– Settlement Willingness: The ability of both parties to reach a settlement plays a significant role. Compromise and cooperation can lead to a more favorable outcome for both sides.

– Judicial Decisions: When cases go to Court, the judge makes the final decision. Judges interpret and apply the law based on the evidence and arguments, making the outcome inherently unpredictable.

We strive to protect our clients’ rights and interests. While we cannot guarantee specific outcomes, we work tirelessly to achieve the best possible results.

Our Commitment to You

At HD Family Law, whether we are mediating, negotiating, or litigating your matter, we prioritize supporting you through every step of your divorce with professionalism and compassion. 

By understanding the factors your attorney cannot control, you can approach your case with realistic expectations and a clear mind. Our dedicated team is here to guide you through the uncertainties, providing steadfast support and sound legal counsel.

YOUR FUTURE IS OUR FOCUS! 

For more information or to schedule a consultation, please get in touch with HD Family Law today. 

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