Proven Strategies For Your Divorce

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My winning strategies and aggressive court representation will help you achieve the best results possible whether your case involves strong disagreements about child custody or complicated issues surrounding the marital assets. 

Aggressive and focused representation needs to move quickly in certain types of highly Contested Divorces.  As a relationship deteriorates, people can find themselves in a conflict despite their best efforts to avoid a fight.  It may be that the parties simply cannot find any common ground or that the case has some complex element to it that requires a judge to issue a ruling.  

Sometimes a spouse will want to fight in court and can't -- or won't -- listen to the benefits of a low-conflict or Uncontested Divorce.  Often, highly-contentious cases can involve custody disputes, financial and asset litigation, or even criminal and Family Offense Petitions. 

For couples who are able to work through a low-conflict divorce process, I suggest Divorce Mediation as a guide to help you resolve your case without court hearings. Consumer Reports estimated in 2009 that the average  American divorce cost $49,000 - $188,000.  Fighting in court also takes much longer; many years in some cases.  Besides the time and expense, studies show that children in high-conflict divorce situations have a much more difficult time adjusting. And who wants to be in a stressful court battle for years when you could be moving on with your life? Yet, in some cases there are complexities that cannot be addressed in mediation and the court must get involved.  

Read more about these alternatives here on my website, or contact me today to discuss your case.

When a case calls for litigation (fighting in court) the pressure and emotion can be stressful and overwhelming.  With a background in national and international complex litigation, and solid trial experience, I understand the nuances of trial tactics.  I handle cases involving asset protection and complicated asset location and discovery issues -- often the heart of any case. 

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"Morghan Richardson is not only an extremely competent and experienced attorney, she was tough and aggressive when appropriate, yet professional throughout. I literally trusted her with my life. The result was a divorce completed in a dignified manner."  
                                                                                               -- Former Client

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Custody: Making the Most of Parenting in a Divided House

More likely than not, the other parent is telling you that they are going to "get the kids" in your divorce. But what does a court look to in such cases?

• ​Tip #1: Focus on the best for the children. In a dispute about custody, the court will look to the "best interests of the child" and what will best promote the child's welfare or happiness.  Custody means two things: physical/residential (where the kids live) and legal (who makes decisions and how). The term "sole custody" means one parent has both, but that custody is always subject to the other parent's right to be advised about decisions and access to see the children (visitation). 

Many times one parent will fail to assert their access rights or settle for less access than he or she may desire, inadvertently establishing custody with the other parent. Since a change in custody can be very disruptive to a child, it is difficult to have courts impose custody changes, especially where there are other siblings in the home.  Talk to a lawyer if you are concerned about custody issues. ​

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Child-Support: Paying Your Fair-Share?

For the most part, Child Support in New York is governed by the Child Support Standards Act Guidelines which provide for basic child support and contemplate statutory "add-ons" to the basic support amount. 

​The Child Support percentages are as follows: 

17% for one child; 25% for two children; 29% for three children, 31% for four children; and no less than 35% for five or more children.  

These percentages are not just based on the noncustodial parent's income, but on a formula that contemplates both parents' incomes and apportions those figures. 

• Tip #2: Of course, an equal custody-split may be a factor for a support magistrate to consider when deviating from the state's child support guidelines, but some magistrates are hard to convince. Maybe magistrates get a little jaded, after all no one walks into a child support hearing and says "Judge, I make plenty of money -- hit me with as much as you can!"

Still, having more time with the children, regardless of the child support amount, might help equalize that feeling that you are paying with no benefit to you -- after all, time with them is priceless.

What does it cost to raise a child? Last year, the US Department of Agriculture reported that the cost from birth to age 18 was $234,900.00. The figure was in terms of 2011 dollars for two middle-income parents (earning between $59,410 and $102,870 a year) raising a child in a two-child family. See Expenditures on Children by Families report.

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Serious Issues Can Turn Into Family Disputes & Criminal Allegations​

Tip #3: Violations of an Order of Protection are considered "must arrest offenses" by the NYPD and, in some cases, may result in jail-time. 

In cases involving Family Offense Petitions and Orders of Protection, an aggressive courtroom attorney can help you through the process when such complex and sensitive issues are at risk. Such orders are an important tool in situations where one spouse is afraid of violence by the other, particularly where there is a history of violence.  

While many times an Order of Protection is justified in response to bad behavior, in some cases Family Offense Petitions may be filed unjustly where anger or retaliation may be the dominating factor.  The result can be devastating, especially if the Order of Protection ejects you from your home or prevents your contact with your children.  

There are a number of options when attempting to resolve a Family Offense Petition. Generally, these are not easy cases and the allegations involve extremely emotional claims. 

If you have been served with a Family Offense Petition, you should not wait until the hearing date to seek help from a lawyer.  

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What Is Divorce Mediation? 

Divorce Mediation can help you and your soon to be ex-spouse to work through all the issues that must be addressed before your divorce can be completed and help you achieve a "friendly" divorce.  

Every divorcing couple must resolve their property, financial, and child-related issues before a divorce can become final.  If you can't work out these issues on your own, you need someone to help you.  Traditionally, people turn to lawyers -- one for each person. 

​With Divorce Mediation, you only need one mediator, an impartial party who is trained to facilitate your discussions and help you resolve all issues so the divorce can take place.  

While mediation is "low-conflict" that doesn't mean that you and your spouse have no conflicts or issues to resolve; rather, you will be working out those conflicts and issues in an way that enables you to take control of the issues discussed and, in large part, the time-frame and cost of your divorce.

Contact me today to discuss your case.

At a time when divorce rates are generally decreasing, so-called “Gray Divorce” is on the rise: Among U.S. adults ages 50 and older, the divorce rate has roughly doubled since the 1990s, according to a recent Pew Research study. Gray divorcees tend to be less financially secure, particularly women.