FAQs

What are the benefits in choosing 2M LAW?

We are a comprehensive Family Law practice overseen by Andreina Minicozzi —a seasoned and widely acknowledged negotiator and litigator. Our proficiency encompasses all facets of Family Law, spanning from crafting parenting arrangements to addressing financial matters. Our expertise extends beyond practical involvement in litigation, arbitration, court proceedings, negotiation, and mediation.

Recognizing the emotional toll of separations, we collaborate closely with our clients and their professionals to navigate the optimal path toward resolution. Our approach is rooted in identifying the most suitable dispute resolution avenue, considering individual circumstances and preferences, while prioritizing the well-being of our clients and their children.

What is the relationship between a lawyer and his or her client?

Our primary objective is to support our clients by furnishing them with sound legal counsel. This involves delving into both the procedural and substantive aspects of their cases, guiding them in the right direction, and aiding in the identification and mitigation of potential risks and hazards. Furthermore, we are committed to interpreting the array of options available, highlighting potential opportunities, and outlining practical outcomes tied to our clients’ actions and decisions.

This attorney-client relationship is structured around three key stages:

a. Information Exchange: Our clients provide us with accurate and timely information on an ongoing basis.

b. Legal Guidance: We reciprocate by providing continuous legal advice, comprising:
i. Exploring Options: Offering a range of potential courses of action.

ii. Consequences Assessment: Outlining the potential ramifications of each option.

iii. Recommendations: Providing informed suggestions based on our legal expertise.

c. Client Instruction: Our clients subsequently provide instructions, determining the steps to be taken. Crucially, while we provide counsel, the ultimate decisions rest with the clients themselves.

Our overarching goal is to ensure that our clients’ decisions are well-informed and based on a solid understanding of the circumstances. Additionally, it is incumbent upon us to present an honest evaluation of the likelihood of success, refraining from making unwarranted assurances of guaranteed outcomes.

My spouse and I are about to separate and I would like to get some sense of what legal issues are involved.

Typically, the matters at hand pertain to parenting issues, child support, spousal support, property division, and their respective intricacies

My spouse and I see things about our separation in the same way, can both of us use the same lawyer?

Both parties must obtain the assistance of separate, independent legal counsel. The resolution of most matters involves selecting an option from a spectrum of possibilities.

Having an independent lawyer for each client guarantees that choices can be deliberated upon, guidance can be sought, and decisions can be made confidentially, devoid of any influence from the other party.

You brought up the idea of an “agreement.” Does this indicate that we can avoid having to resolve the issues through litigation in court?

The majority of cases are typically resolved through mutual agreement between the involved parties, bypassing the need for a court. Even when cases do enter the court system, many of them are settled prior to a trial through minutes of settlement or a formal agreement. The Family Court actively encourages the resolution of issues through its processes and views parties who fail to attempt issue resolution with each other unfavorably.

If we can address all matters through mutual agreement without requiring temporary orders, is there any point at which involving the court becomes necessary in the process?

The involvement of the court is unnecessary unless it’s required to finalize the divorce once all issues stemming from the marriage and separation have been resolved through a separation agreement. Typically, the process is seen as a two-stage affair, with divorce being the second stage. The initial stage encompasses the negotiation of a separation agreement or, in a courtroom context, minutes of settlement, which effectively addresses all other matters.

Can we be considered “separated” if we are residing separately but have not yet finalized a separation agreement through signing?

Absolutely. Your classification as a separated spouse is not contingent upon whether a separation agreement has been signed. The legal recognition of separation does not necessitate a specific document. A separation is established when you and your spouse are living apart from each other. Our legal framework does not mandate cohabitation, nor does it necessitate authorization from any entity to affect a separation. Remarkably, it is even possible to reside in the same residence while being recognized as separated under the law.

What is the rationale behind requiring a “separation agreement,” particularly when we are already aware of the impending divorce?

In the event that you resolve all issues stemming from the marriage and separation through non-court means, it’s advisable to formalize the settlement in a separation agreement, even if the prospect of a divorce is on the horizon. The document should adhere to the structure of a separation agreement to satisfy the criteria of a “domestic contract,” a term with specific significance in family law. Additionally, this format fulfills requirements for specific tax benefits that might be available.

When properly crafted, this agreement serves to establish and regulate the rights and responsibilities of the involved parties in relation to one another in the context of separation, divorce, and even in the event of death. Parties who are undergoing separation typically find value in having their obligations documented, encompassing elements such as financial support and property matters. This approach also ensures clarity regarding parenting arrangements, outlining how time is allocated between parents and providing a framework for child(ren)’s schedules.