Many clients come to us without any knowledge about the processes or legalities of separation and divorce. The process can be confusing, but we are here to help you understand the steps. During this time, it is essential to work with a family law team that has the skills and experience with complex matters to protect your interests as divorce is incredibly personal and fact-specific to each client – there is no one solution that applies to everyone.  

Our family law attorneys will work with you to create and execute a plan that effectively manages the challenges that come with ending a marriage, such as separating finances and transitioning to one income, sharing parenting responsibilities, and dividing property, among others. We take the time to listen to your concerns and proactively guide you through every aspect of your matter.

At The Geller Law Group, we understand that navigating family law issues can be a challenging and emotionally draining process. That’s why we’re proud to offer mediation services as an alternative to traditional litigation. Let’s take a closer look at what mediation entails, the benefits it offers, and the role mediators play in the process.

What is Mediation?

Mediation is a voluntary, confidential, and non-adversarial process in which a neutral third party, the mediator, facilitates discussions between parties to help them reach a mutually acceptable agreement. In family law, this method can be particularly effective in resolving disagreements related to separation, divorce, child custody, and support arrangements.

Benefits of Mediation

Choosing mediation comes with numerous benefits, including:

• Cost-effectiveness: Mediation typically costs less than traditional court proceedings due to the reduced need for extensive attorney fees and court expenses.
• Control and creativity: Mediation allows parties involved to maintain control over the outcome of their case and explore creative solutions best suited to their unique circumstances.
• Speedy resolution: Mediation typically takes less time than litigation, as parties can avoid lengthy court processes and reach agreements more efficiently.
• Preserving relationships: By promoting mutual understanding and cooperation, mediation can help maintain amicable relationships, which is especially important when children are involved.

Role of Mediators: What They Can and Cannot Do

Mediators play a critical role in the mediation process, but their responsibilities have clear limitations. Here’s what they can and cannot do:

Can do: Mediators facilitate discussions, provide legal information (but not advice), and help the parties explore various options for resolving their issues. They ensure that both parties have a fair chance to express their views and concerns.

Cannot do: Mediators cannot take sides or offer legal advice to either party. They don’t decide the outcome of the case, as the responsibility of reaching the agreement lies solely with the parties involved. Additionally, while mediators advise on the law, they cannot determine legal rights for the parties.

At The Geller Law Group, our experienced mediators are committed to assisting you through the often-tumultuous process of family law mediation, guiding you toward finding a balanced and fair resolution. 

Contact us today to discuss how we can help you navigate the complexities of family law mediation with professionalism and compassion.

See related: Mastering Family Law Mediation: An Effective Roadmap for Striking a Balance

A prenuptial (prenup) agreement is a legal contract between two people about to get married that details what happens to finances, property, and other assets in the event of divorce, separation, or death. 

A postnuptial (postnup) agreement is similar to a prenuptial agreement in that they both outline the division of assets in the event of divorce, separation, or death, but postnuptial agreements are created after a marriage has begun.  

Entering into a prenup or postnup can significantly simplify and lessen the expense of divorce and estate administration, as deciding who gets what when emotions are running high due to an impending divorce or when grieving can be complicated and costly. These marital contracts eliminate most of the decision-making in these circumstances and give spouses peace of mind knowing how their property, income, assets, and inheritance plans will be handled in the event of separation, divorce or death of a spouse.

When couples with minor children are facing divorce, one of the most emotional aspects is child custody. We often receive questions such as: where will the child/children live after the divorce, what is the difference between legal and physical custody, who will be  primarily responsible for making important parental decisions (i.e. health, education, and welfare), and do judges tend to favor either parent.  

There are many factors that are considered in a child custody case but the best interest of the child is what is required to be considered by the court. Such considerations include:

• Preferences of the parents
• Preferences of the child/children
• The child’s/children’s needs
• Mental and physical health of all parties involved
• The willingness of parents to work together for the best interest of the child/children
• Distance between the parents’ residences
• Family history of physical violence or abuse

There are several different variations of custody and our attorneys are ready and willing to think outside the box and work with you to devise an arrangement that works for your family.

Child support can be an area of contention for many couples navigating through divorce. Our family law team helps clients achieve fair child support agreements that meet the needs of the child/children and parents.

In Virginia and D.C. child support is calculated in a formulaic manner. The calculation takes into consideration each parent’s gross (before tax) income from all sources, the percent of time each party has the child/children, the number of children involved, and the cost of health insurance and work-related childcare. There are other variables depending on the matter, that could ultimately affect the amount of child support awarded.

When facing child custody and support issues, our compassionate family law attorneys will thoroughly explain all options to you and keep you updated on the progress of your case every step of the way to help you and your child/children move forward.

We assist with second-parent adoptions and non-traditional adoptions known as step-parent or close relative adoptions.  

Second parent adoptions are recommended for married same-sex couples with children born of one of the marriages to one of the couple. Even though both parents are now allowed to be placed on the birth certificate, it is wise to also have a court order declaring the non-biological parent to have adopted the child, so that legally, they have the rights and responsibilities of biological parents under the Full Faith & Credit Clause of the United States Constitution regardless of where they live or future changes in the law.

When a stepparent becomes a significant figure in a child’s life, he or she may want to adopt the stepchild. Or a close relative may have a blood relative child in their custody, perhaps if the child’s parents are unable to care for the child or are deceased. 

In these types of adoptions, Virginia allows such parties after meeting the requirements found in the Virginia Code and petitioning the court, to obtain the rights and responsibilities of a biological parent. 

Our Family Law attorneys love helping with adoptions and seeing families grow.

Families are created in various ways, and due to developments in assisted reproductive technologies, more and more couples are able to begin families. Egg and/or sperm donation, embryo donation and transfers into gestational carriers and surrogates are some options for assisted reproduction.  

This is an expanding and rapidly changing area of the law as new technology and procedures are discovered. The law on these issues varies greatly from state to state.  

We help intended parents, surrogate or gestational carriers, donors with their role in the intended assisted reproduction.

Many married couples desire to resolve disputes without litigation. Collaborative law sometimes referred to as a “peaceful divorce” and “no-court” divorce allows individuals to work with counsel and other professionals to support the couple through the separation and divorce process without going to court. 

In addition to each spouse having a collaboratively trained attorney, the couple can use child and financial specialists to aid in reaching creative solutions to the family’s individual needs. Instead of spending the much-needed financial resources of the family in court posturing and asserting positions, the family’s resources are used to evaluate, address, and find reasonable and creative solutions to each person’s concerns and desires. 

What to consider about Collaborative Law:

1. Talk with your spouse. Both parties must agree to the collaborative process and be represented by collaboratively trained attorneys.
2. Both parties will sign a Collaborative Divorce Participation Agreement, promising not to file in court while they are negotiating.
3. The collaborative attorneys are retained for the sole purpose of negotiating a settlement through the collaborative law process. Therefore, if litigation is initiated neither counsel can represent their clients in contested litigation. 
4. Collaborative law is not without emotion but the process requires that the parties treat one another and can be honest about all matters.  

Collaborative law is not just about divorce. It can be used for all issues related to the family, including:

1. Separation
2. Custody or visitation
3. Child Support
4. Spousal Support
5. Amending child or spousal support
6. Post-Divorce matters and enforcement issues