Cary Cheifetz
Divorce Law - Summit, NJ

Individuals seeking a divorce today in many ways are better educated about their rights, and I would say that, generally, they have more realistic expectations. They come in realizing they can't use the system as a tool for revenge. Many will hear all sorts of horror stories - increasingly, a person seeking a divorce will start by saying, "What can we do to get to the bottom line?"

Furthermore, many clients are more sophisticated than they used to be. They understand that they don't want their children destroyed by the process. Clients seem more willing to cooperate.

As a result, I think as a general trend, we see less custody litigation than only ten or 15 years ago. Most disputes seem limited to relocation out of state or a request for an additional overnight or evening.

Our firm may handle as many as 200 cases per year, but I would say only 10 or 15 go to trial. Most of course will be resolved through negotiation and mediation, and that is healthy development.

One of the big changes in divorce law in recent years is the increasing use of alternative dispute resolution. The state court system created in the 1980s an attorney volunteer program, which encourages early settlement of cases. That's simply part of a push to get these cases resolved outside of the system.

Another big development is the increasing involvement of the federal government in family law - especially in child support guidelines and the collection of child support. That's something we didn't have 20 years ago. There are federal guidelines now for many things, such as the assignment of pension plans for equitable distribution.

Cases are certainly more complicated. In the past a typical divorce case might include one or two pieces of real estate and a few bank accounts. Today there are much more complex issues, such as the issues of valuation of a business interest, and the valuation of corporate stock options and other deferred compensation. Clients in such cases must assemble a team that includes experts to assist them in the valuation and distribution of those assets.

A lawyer must also be mindful that support and equitable distribution issues are interrelated, since those seeking a divorce will be parting with or receiving assets that produce income available to pay or defray support needs.

Cary Cheifetz
"A lawyer must also be mindful that support and equitable distribution issues are interrelated, since those seeking a divorce will be parting with or receiving assets that produce income available to pay or defray support needs."