Elliot D. Samuelson
Divorce Law - Garden City, NY

I believe that one of the primary responsibilities for a divorce attorney is to ensure that clients going through a divorce do not permit their emotions to interfere with the exercise of sound, prudent judgment. It is a very rough time emotionally, and in some cases clients would best be served by seeing a health-care professional to address these problems. We refer our clients to highly qualified therapists whenever necessary. Achieving some level of emotional stability is important for everyone involved.

The fact is that emotionalism has no place in matrimonial law. Sometimes bad attorneys try to exploit it, but emotionalism is, for the most part, simply another obstacle to a fair and lasting settlement. A good lawyer will separate the emotional issues from the practical economic ones.

The law views marriage as an economic partnership of co-equals. The law, and the courts, "try to help the good guy and hurt the bad guy." It's important for a client to have his or her best foot forward. The law is intended to achieve an equitable division of marital assets - but since there is quite a bit of discretion in doing so in divorce, there have been some bizarre results. Our job as attorneys is to achieve fair results that allow everyone to move ahead with their lives.

It's true there are some things that are a little absurd about current divorce law. The so-called "enhanced earnings" standard has singled out professionals, and they pay a large price in divorce for having an advanced degree or professional license. There has been an outcry to repeal such rules, but it's going to take time. Divorce law today is one of the most dynamic and intellectually challenging areas of the law. I've been practicing for more than 40 years - and I still love it.

Elliot D. Samuelson
"Emotionalism has no place in matrimonial law. Sometimes bad attorneys try to exploit it, but emotionalism is simply another obstacle to a fair and lasting settlement."