Frank W. Donahue
Divorce Law - Morristown, NJ

In the 32 years that I have been practicing Family Law, the focus has changed dramatically. Before the passage of the Divorce Reform Act in 1971, the focus of Family Law was fault. You could not be divorced unless you proved marital fault on the part of your spouse. If both spouses were at fault, then neither party could obtain a divorce. The public policy of the State of New Jersey before 1971 was to preserve marriages, even those that had failed. Public policy changed with the Divorce Reform Act from one of preserving marriages to burying dead marriages. The Divorce Reform Act also ushered in equitable distribution, which allowed the division of marital assets regardless of who held title. With the advent of the Divorce Reform Act and equitable distribution the critical testimony in divorce cases changed from that of detectives to that of experts. The focus of Family Courts now is not who is at fault, but what is a fair resolution of the financial issues of a divorcing family. Indeed, divorce litigation has now become sophisticated financial litigation where lawyers, through their experts, must value myriad assets, including residence and commercial real estate, privately held businesses, professional practices, stocks, bonds, stock options, deferred compensation, pension plans, etc. This change in focus has made family litigation expensive and time consuming. It is incumbent on the family lawyer to explain to potential clients the expense involved and the risk versus reward of discovery and trial. The client must be convinced that although you are empathetic to the emotional issues, that family litigation is in reality a financial transaction. The goal in family litigation should be to achieve a fair result for everyone, including the litigants and the children. If the client accepts that goal, then the lawyer can proceed to quickly and inexpensively resolve the issues. It is important that the lawyer and client have mutual respect and confidence. It is equally important that the adversaries show the collegiality, professionalism and ethics that best serve the family. It has been my unfortunate experience that in family litigation it is difficult for clients and lawyers to follow the high road. I have founded the first Family Law Inn of Court that teaches professionalism, collegiality and ethics to young lawyers. Now there are dozens of such Family Law Inns of Court throughout the country. Hopefully, the future of Family Law will reach higher goals than it has in the recent past.

Frank W. Donahue
"The goal in family litigation should be to achieve a fair result for everyone, including the litigants and the children. "