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Family Law

Dear Friends:

Thank you for taking the time to learn about what issues you may face and what options you may have when addressing Family Law Issues.  As a  single father who has been twice divorced I am in a unique position to  understand the potential emotional aspects which accompany family law litigation.  I often joke about personally going through both a “good” divorce and a “bad” divorce and therefore I know how to steer my clients through both.
No area of the law brings with it more potential for long term emotional harm than family law disputes.   Likewise, no area of the law can potentially impact a person’s finances as much as family law disputes.  However, because this area of the law is designed to protect our children’s best interest, the property rights of individuals, and avoid extreme prejudice to parties seeking to dissolve a marriage, the law can sometimes seem a bit harsh.  Nothing is more personal to us than our relationships, our children, and our property.  We live our lives as the masters of these areas, having perceived autonomy to regulate these areas of our lives.  When a divorce occurs it is difficult to embrace the concept that you no longer have autonomy in these areas. Someone you do not know and have never met, who by virtue of being elected as a judge, may make decisions that will impact the rest of your life.   It is the role of a good attorney to assist you in maintaining as much of your autonomy as possible, to help keep you in the decision making process, and if necessary, to present evidence to the court that the ultimate decision is one in which aligns itself with your way of thinking.

Family law issues may present themselves in many different ways.  Divorce, Child Custody, Child Support,  Spousal Support, and Community Property issues are only a few of broader categories which most people will face.  While the law is the same, its applicability to persons is different.  In other words, not all parts of the law may apply to everyone.  For this reason it is very important that a qualified attorney get to know the facts of your case and determine how these facts may be best presented to a judge.

My philosophy in these cases is simple.  I want to get everything resolved for you, as quick as possible, and with you being placed in the best situation possible, maintaining as much decision making control as possible, all based upon the specific facts of your case.   It only takes one person to want and have a divorce granted. For this reason, very little time and attention is spent opposing a divorce.  The time I spend on this is designed to make certain it is done RIGHT.  Community and separate property will be divided either by agreement of the parties or by a judge.  I make certain  your  property is classified correctly and the fair value is assigned to each item.  If any reimbursements are due, these are diligently sought.  The majority of my focus in these cases is to assist BOTH parties in coming to a workable custody plan that serves the best interest of their  children.  There is no need for children to come out of divorce as victims.  Our children never see us as husband and wife….they see us as Mom and Dad.  This important to keep in mind, because while a judgment of divorce declares you are not husband and wife any longer….it changes nothing about your roles as Mom and Dad.  I am a firm believer that as long as it is in the best interest of the children, both parents should maintain an active role in the children’s lives.

Lastly, let me say that I am not insensitive to the fact that Family Law litigation is generally not planned and therefore becomes an unexpected  financial burden. I am fortunate in that my practice is not solely dependant upon generating legal fees from family clients.  As such, I have no perverse interest in keeping a confrontation lasting forever.  (How many times have you heard of a friend or relative’s family matter that dragged on forever because the lawyers kept dreaming up things to fight over?) I want to get your case resolved as quickly and as inexpensively as you do.  However, the reality is that money allows an attorney to develop your case and obtain the evidence necessary to prove your case.  I am committed to making your money as productive as possible.  When selecting an attorney, always remember that you are in charge.  Do not let an attorney force you into an expensive course of action or conflict that you never intended.

The information above  is designed to provide an overview of certain claims which may be present in Family Law litigation and my philosophy regarding how these issues should be addressed.  Every case is different and every case turns on its own set of facts.  For this reason, nothing should be read to be dispositive over your personal situation.  After reading, I encourage you to call me that we may discuss the applicability of the law to your individual set of circumstances.
I look forward to speaking with you.

Under Justice and Grace,

Russell W. Beall

BEALL & THIES, LLC