Law Office of William H Paynter

Mediation is a great form of trying to work out your marital issues. You receive the benefit of my personal attention and substantial experience as an experienced Divorce Attorney, because I care, and handle each case personally. I have been working with potential divorce clients for over 30 years as a Mediator. Either party can request mediation and initiate the process. Consider asking the other party before initiating this process whether they are willing to mediate the dispute. Both parties must consent to mediation for the process to move forward. This can also be a cost saving way to proceed vs. going through the court system. Things like child custody, spousal support and asset dividing, can be handled in the office and done in an equitable and less stressful manner.

PART IV The Initial Consultation with your Divorce Attorney: What to Expect When you Don't Know What to Expect...Continue reading

PART III The Initial Consultation with Your Divorce Attorney: What to Expect When You Don’t Know What to Expect... If children were born or adopted of the marriage who have not yet graduated from high school, your prospective attorney will need to be informed. More specifically, the attorney will need to know the children’s ages, dates of birth, addresses at which the children have lived during the past five years, and all health or psychological issues confronting each child. Many attorneys will also ask you for a description of each child’s personality. Most attorneys will also ask for your assessment of your parenting skills and your spouse’s parenting skills. The more insight you can provide into each child’s personality and each parent’s parenting skills, the easier it will be for your prospective attorney to assess the numerous issues pertaining to physical custody, legal custody, and parenting time/visitation. To the extent that your children may have potential preferences as to with whom they wish to live, this angle must be explored, although it is not always of significant relevance. As part of the interview process, it is imperative that you receive an honest assessment of the legal issues pertaining to your minor children, rather than be told what you want to hear. This can only be accomplished with your complete honesty and cooperation.

PART II: The Initial Consultation with Your Divorce Attorney: What to Expect When You Don’t Know What to Expect... The Name, Rank, and Serial Number Types of Questions: The first series of questions usually pertains to name, address(es), phone numbers, dates of birth, and social security numbers for you and your spouse. The reason this information is needed is so that the attorney can be prepared to file a case, if necessary, on short notice should you call back in two days, two weeks, two months, or two years. What you do not want to occur is for you to call the attorney back several weeks down the road, if and when you need immediate action, and have the attorney not be in possession of the basic information to proceed with filing papers with a court on your behalf. It is okay to provide address and telephone contact information; no one is going to call you at any telephone number or send you any mail at any address without your express permission. The next series of questions usually pertains to the details of your current marriage and any prior marriages. The attorney will need to know when you were married, by whom you were married, and where the marriage took place. Not only must this information be included in any initial paperwork filed with a court, but sometimes issues arise relative to defects in the marriage arising out of the marriage ceremony. Similarly, the attorney will need details relative to the termination of any prior marriages, whether they ended by death or divorce (primarily in order to ascertain whether there were any impediments to the current marriage which might be raised as a procedural defense). Included in the inquiry relative to prior marriages will be questions pertaining to children from prior relationships, child support still being paid or received, and spousal support still being paid or received. All of this information has a potential impact on the attorney’s assessment of your current situation. Whether you or your spouse has previously filed for a divorce from the other, or whether your spouse has consulted an attorney, are also important parts of the evaluation process. To the extent your prospective attorney has some insight as to the identity of the judge to whom the case has been assigned (if your spouse has already filed a case) or the identity of opposing counsel, the more precise the attorney can be in advising you what to expect during the process and as a potential outcome. Each judge has different tendencies, opinions, and idiosyncrasies, and every opposing counsel handles his or her cases with different degrees of sophistication and professionalism. However, in most instances, the identity of the judge and opposing counsel cannot be ascertained until a case is commenced.

We're here to help, here is a short synopsis of what to expect when you meet with me. The Initial Consultation with Your Divorce Attorney: What to Expect When You Don’t Know What to Expect... Few people truly want to consult with a matrimonial attorney relative to a divorce. When confronted with the possibility of a divorce and the potential need for a matrimonial attorney, most people have no idea what to expect during their initial contact and consultation. In fact, for most people contacting a matrimonial attorney, it will be their first contact with any attorney. Take a deep breath and relax. While the possibility of a divorce may seem daunting, and your problems may seem to lack potential solutions, matrimonial attorneys, through their professional skill and experience, understand what you are going through and know how to solve your problems. What to Expect From Your First Meeting: During your initial consultation with a matrimonial attorney, expect the attorney to provide you with an overview of what to anticipate relative to at least the following five issues: (1) the divorce process, (2) matters pertaining to any minor children of the marriage, (3) division of your assets and liabilities, (4) support (both child support and spousal support), and (5) the related attorneys’ fees and costs. In order to be able to address these five primary issues for you and provide you with a potential game plan, it be will necessary for the attorney to make a substantial inquiry into all sorts of matters. Some of the questions will be name, rank, and serial number types of questions; other questions will pertain to minor children; additional questions will be related to financial matters; and other questions will be of a more personal nature in terms of any precipitating events and who did what to whom. Know that when answering these questions the attorney-client privilege is in effect, meaning anything you tell to the attorney will not, and cannot, be repeated to anyone without your permission. With that understanding, it is imperative that you tell the attorney the truth and provide all of the related details. The quality of the advice you receive will be directly proportional to the candor with which you answer the attorney’s questions. CHECK BACK TOMORROW FOR MORE ON MEETING WITH YOUR ATTORNEY!

William Paynter, Esq., has been in practice in Sonoma, CA. since 1989. He is a former member of the Sonoma Valley Citizens Advisory Commission and the Sonoma Valley Planning Commission. William (Bill) was admitted and is in good standing in the State Bar of Michigan since 1974, the State Bar of California since 1981, and the State Bar of Arizona since 2012. He is authorized to practice in all Courts in these States and before the Federal Court. Bill Graduated from Michigan ...State University in 1969 and Michigan State University’s College of Law in 1973. Bill began his career as an Assistant District Attorney form 1974-1977 in Eaton County Michigan. He then relocated to California where he practice in a large insurance defense firm in San Francisco as well as a general business litigation firm in San Francisco. He then opened his own practice in Sonoma where he had resided for over 10 years before opening his home town office. Bill practice now consists of Civil Litigation including personal injury, as well as Family Law matters, including dissolution of marriage, custody, visitation, child and spousal support. As the law has evolved, he has experience and does Mediate Family Law matters. Bill has been providing Sonoma Valley and the surrounding communities with a wide range of quality legal services since 1989. He has been to and is familiar with the Superior Courts in all the sourounding Counties including Sonoma, Napa, Marin and Solano Counties. With more than 40 years of combined experience, rest assured that Mr. Paynter can provide efficient and comprehensive solutions to your case.