Should I Follow My Divorce Lawyer's Advice

That is a big question and there is no perfect answer. However, there is a good answer.

Hopefully you have selected an experienced divorce lawyer who knows the law, practices in the courthouse regularly and whose advice and knowledge you trust. If the answer to any of those questions is no then be careful if the advice is contrary to what you think you should do.

Assuming that you have an excellent matrimonial attorney, then the answer is it depends. If the lawyer is giving you advice that you really disagree with, then it may be time to rethink what you want to do and possibly reconsider if the attorney understands your goals and is the right attorney for you. If you want child support of $1,000 per week but your spouse earns $75,000 then the result is not likely from the courts nor would the child support formula provide that result. If on the other hand the issue is how the parenting schedule is to be set up then your concerns are very important because you have to follow that schedule every week.

If the question is about how the court would divide assets or award child support or spousal support your attorney's advice will probably be correct. If your attorney is suggesting that the judge has already indicated the probable result if there were motions or a trial, then I would urge you to follow your attorney's advice. However, if the financial cost of litigation is not a factor for you and if you really think the court will decide in your favor, it may be necessary for you to hang in even if your attorney is recommending settlement.

As a practicing matrimonial attorney for over 30 years, I usually am able to explain to the client why the advice is most likely correct and usually my clients will follow the advice. However, if they choose otherwise I will vigorously represent their position, but I always will explain the costs of continued litigation both financially and emotionally. There is a huge value to finality and getting it done. So I urge clients to consider whether the particular issue is the one to fight for.

Steven P. Kuhn, Attorney at Law
Suffolk County Divorce Lawyer
Located at
5225 Route 347, Building 6, Suite 36
Port Jefferson Station, NY 11776.
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Phone: (631) 629-6874
Phone: (631) 928-7700
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