Offering Mediation Services
“We have handled hundreds of divorces, and we have the experience to help you reach an agreement.” –Brian Figeroux, Esq.
Sometimes mediation settles a case in one day! The law firm of Figeroux & Associates is well-known for aggressive litigation tactics. But the firm also provides professional, even-handed mediation services to clients who seek divorce, separation, and prenuptial agreements. Mediation offers clients the opportunity to settle without going to court. It is cost-effective, faster than a trial and offers more flexibility. Mediation, if done by an experienced attorney, is an excellent option if both parties are agreeable. When the firm handles mediation, clients can expect mediators to:
Give clients personal attention, materials, and information
Assist clients – both the husband and wife to reach a satisfactory agreement
Draft the final mediated agreement based upon the terms agreed upon by the clients
Submit the mediated agreement to court for a final divorce or separation decree
Experience Makes The Difference
Figeroux & Associates has handled thousands of divorces. We will assist you in reaching an agreement if you seek his advice in mediating your case. We have the experience to help you reach a separation or divorce mediation agreement. One of our licensed and experienced attorney mediators will meet with you during mediation. Divorce mediation is best handled by divorce attorneys who know the problems that can arise. Figeroux & Associates, began to offer divorce mediation after we received several cases involving problematic divorce mediation agreements. In these cases, the agreements were usually made by non-attorneys and/or paralegals. Mediation is not done by paralegals in our firm. At Figeroux & Associates, the mediation agreement is reached between the parties, with an experienced divorce attorney, acting as a mediator.
If you are considering a mediator, ask the mediator these questions:
We have handled many divorce trials and only by conducting trials, do you know what the courts are deciding with respect to matrimonial issues? In divorce mediation, we handle the following issues:
Whether it is a separation or divorce, we discuss both no-fault and grounds-based divorce and/or separation. We discuss how you can agree to a divorce by neither admitting to nor denying the alleged grounds, but consenting to a divorce. We present you with alternatives available to you in order to agree to a divorce under the appropriate grounds and/or to a separation.
Custody comes in many variations. As divorce practitioners, we have significant expertise in custody law. We can present you with the prevailing trends and offer insight into which custodial arrangements might benefit you and your children, based on your circumstances. Custody can be described as follows:
Residential custody to one parent with legal custody to the other
Residential custody with one parent, legal custody to the other, with the residential parent having final say
Joint shared parenting, true joint custody
Residential custody to one parent with joint custody to the second parent and a neutral parent coordinator in connection with decisions
Custody involving spheres of influence, recognizing one parent’s need or special ability to be responsible for various issues whether it is health, education or religion
A traditional custodial arrangement may or may not work for you. We are willing to take whatever arrangement you suggest and fashion it into an agreement that can be incorporated into your divorce or separation. If you need suggestions, we are here to help. We can give you our experience and advice in order to help you make an agreement that saves you money and works in the best interests of your children. In the end, the agreement may make you and your former spouse better parents.
Child & Spousal Support
In connection with divorce mediation, many financial issues are decided-child and spousal support being among the most critical. Your divorce should not leave you incapable of caring for yourself or your children, nor should it require you to pay excessively. Many unique and creative ways exist to deal with child and spousal support. Whether there is a home, retirement benefits, vehicles, unusual debts, or undisclosed business income, our family law attorneys can discuss the ramifications of your finances and how to best deal with support issues.
We provide you with our experience and our advice as to child support. We fully understand the laws governing child support and the options available to you, including opting out, which mean that a party may be forced to pay more than the usual amount of child support in certain cases and/or the parties may agree to accept far less than the usual child support in some cases. In some instances, no child support is paid.
Spousal support, formerly called alimony and sometimes known as spousal maintenance, is equally important. Many options exist for dealing with spousal support. We discuss the tax ramifications of spousal support and offsetting spousal support with other properties, such as pensions and/or equity in a home. We provide you with the law of spousal support and the possibility of modifying spousal support. We advise you as to the ramifications of agreeing to a spousal support order or waiving spousal support.
Equitable Distribution Of Property & Finances
In connection with our services, we discuss the law regarding separate property and premarital assets and explain how the laws regarding them affect your divorce. In our discussion we address the following:
All of these matters can be evaluated and split or otherwise apportioned. Houses can be appraised. We give you experience and advice, and we can provide you with a list of acceptable appraisers, pension appraisers, and business evaluators. If you agree to use them or choose to use your own, we can take the appraisal or the evaluation report, discuss it with you, and help incorporate it into a separation or mediation agreement that both spouses can live with and find acceptable. We will advise you on various concerns:
The feasibility of one spouse buying out the other from the marital residence
Whether property should logically be split and sold
Whether assets have real value
Whether assets are negative equity assets
How one spouse´s contributions to a separate property may cause that separate property to have an appreciated value that could be marital and subject to distribution
How spousal contributions can cause any appreciation of a separate asset to be a marital asset
The prevailing law concerning transmuting or commingling assets
What Can You Expect From Mediation?
We not only go over the numbers with you, but also talk to you about the law, review the facts with you, and discuss your children with you; we always get the job done. What this means is that we provide you with the agreement and the judgment of divorce. We do not, like others, give you an agreement and tell you to divorce on your own. We help you do it all. It is all done so long as you both can agree within a reasonable amount of sessions. Our fees for mediations are as follows:
If you cannot agree on a certain issue, extra sessions allow us to discuss at great length, the issues preventing you from entering into an agreement. We are confident that with our help, you will be able to reach a settlement.
We know what happens during a divorce. We know the trends in the courts. We have seen hundreds of cases each year, and we can help you reach an agreement in your case no matter how unique you feel your situation is. If you can agree, we can get you divorced. Most importantly, we will personally take your papers to court (we are there every single day anyway), and we will get you a certified judgment of divorce based on the terms of your agreement.
For results, hire a knowledgeable divorce attorney for your mediator.
This firm is well-known for aggressive representation of clients in complex divorce and family law cases. Contact Figeroux & Associates, if you would like more information about the firm’s mediation services. We would love to hear from you.