When a couple is going through a divorce, an amicable resolution to all of the issues would be the most favorable outcome. However, there often are conflicts surrounding one or more of the issues that must be resolved in order to finalize the divorce. A divorce, especially one involving moderate to
high net worth, may lead to litigation before a judge in order to get a judicial resolution for one or more matters. Some of the commonly litigated issues in these types of cases include:

• Distribution of the property and assets of the couple
• Allocation of retirement accounts and benefits, including IRAs, 401(k)s, stock option plans, investment accounts and pensions
• Determination of the disposition of real property, including the marital residence
• Valuation of any business interests
• The payment of spousal support
• The payment of child support
• Attempts by one parent to relocate with the child(ren) of the marriage
• Modification of parts of the divorce order, including modifications of alimony, custody and child support
• Other issues arising out of the divorce

Heidi E. Opinsky and her family law colleagues, are committed to providing the best possible divorce representation in Fairfield County, exceeding the expectations of her clients. Ms. Opinsky works with a team dedicated to providing legal services that surpass the highest of standards.

Collaborative Law And Mediation

Although litigation always is a possibility, there are other methods of resolving issues that may facilitate open communication moving forward, which is especially important if there are children who will necessitate ongoing interaction. Collaborative law and mediation are two of these alternatives.

Collaborative law is an alternative to litigation. It involves an agreement between the parties that they will not pursue litigation. In collaborative law, the parties each have the right to their own attorney to mediate their disputes in an effort to avoid litigation. The parties usually execute a collaborative law agreement evidencing their commitment to work toward a negotiated agreement. The primary benefit of engaging in a collaborative process is a faster resolution in most cases. The parties also have far more control over the allocation and division of the assets and support, custody and visitation, in accordance with their wishes, rather than leaving it up to the judge to make the most important decisions. In addition, the outcome is more discrete rather than going through a court trial which results in litigating disputes in an open courtroom.

Mediation is also based on negotiation and compromise to reach agreement on the open issues. In mediation, there is a neutral third party, usually an attorney, who assists the spouses in prioritizing goals in order to resolve issues. The mediator is able to guide the parties to decisions that would be acceptable to a judge based upon the law in the state in which the divorce is taking place. As with collaborative law and litigation, in mediation, outside experts may be brought into the Mediation proceeding to assist the parties. If there is an agreement, whether it be through mediation or collaborative law, the judge still must approve the parties’ agreement before it becomes final. Should litigation be necessary, the court will have to render the final decisions on all unresolved matters.

Heidi E. Opinsky Represents Individuals In High-Asset Divorces

Part of providing qualified legal services to a person contemplating divorce is to inform him or her about all options, including alternatives to litigation. Heidi E. Opinsky and her team of legal professionals represent moderate to high net worth individuals in divorce actions, and as such are committed to providing all relevant information in order to arrive at the solution that works best for each client.

High net worth divorces involve many complex issues that need to be managed with skill and consideration, which is exactly what attorney Heidi E. Opinsky offers to her clients. Contact Ms. Opinsky and her divorce law firm today to schedule a confidential consultation. You can reach her online or call her at 203-653-3542.