A divorce case will often be an emotional and complicated time for everyone involved. Feelings are hurt, and in some cases, sadness spurred by the end of a marriage can turn into anger, making the experience of litigation even harder to handle for those involved. While I am a strong believer in alternative dispute resolution through processes like mediation or collaborative law for couples willing and able to go those routes, often, litigation is the process used. As a divorce lawyer and child custody attorney, it’s my responsibility to help the people dealing with the complications of divorce to present their case as clearly, calmly, and effectively as possible in front of a New York judge. Often, this will mean telling a story on the behalf of the client, that begins with an opening statement, continues through to a body featuring witness testimonials, direct, and cross examination, and finishes with a closing statement.
From the very beginning when I start working with a client on their divorce case, we will discuss their circumstances in detail with them, and at times writing what I like to call “golden nuggets” of information down in the trial folder, so that we can refer to them later. This allows me to know what kind of story I want to tell throughout the course of the case, although it’s important to listen carefully to what the witnesses, and opposing lawyer says throughout the experience, as this can sometimes alter the considerations that need to be considered when presenting a divorce summation. Continue reading