Keep Good Notes When Getting a Divorce
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The statistics on divorce in the United States are a bit deceiving, but it does look like the divorce rate has been decreasing in recent years. (Here’s a state by state report from the Centers for Disease Control).
Still, millions of Americans go through divorces every year, and if you are one of those, you know that what you need is a good lawyer.
Alan Fishbein
“The first thing I do is sit down with a client and define what his or her goals are,” said Alan Fishbein, founding partner of The Law Firm of Fishbein & Fishbein, P.A. in Ellicott City, Maryland. Fishbein has been practicing law in Maryland since 1976 and he thinks every case is unique.
“There’s no such thing as a typical client,” he flatly stated. “Some want the divorce to resolve quickly and some are in for the long haul. My job is to figure out what the client wants and then take it from there.”
Sounds pretty basic, but Fishbein believes that the basics are the key to a successful divorce settlement for his client.
“I tell my clients to keep notes, especially during the divorce process. If something has happened to the client or to a child during the process, that is information that will be important to the court,” he said.
So, what are the typical questions that people ask him?
How fast can I get divorced? What about child support and alimony? Who will get the house we live in? What happens to the retirement and pension benefits?
These are individual questions that we will be exploring in greater detail with Fishbein in future articles.
Fishbein says it’s easier to get a divorce than it was when he first started practicing law. Over the years, the courts have allowed divorces to move faster.
“It used to be that you would have to endure a three year separation before you could finalize a divorce,” he said. “Now an uncontested divorce can be granted after one year of separation.”
Fishbein, who practices law in Maryland, cautions that each state’s laws can be different.
“For instance, in Maryland, you can file for a divorce immediately if adultery is involved.”
Another change is in how the division of pensions and IRAs is calculated. Courts can now divide them.
“It almost never used to be that way,” said Fishbein. “Obviously that is a potentially huge, important, and often contentious asset in a divorce.”
Fishbein is not exclusively a divorce lawyer. His practice includes business and civil litigation, white collar criminal work, personal injury cases and construction law matters.
“My wife (Brenda, who is his partner in the firm) and I enjoy the variety and seeking the best legal representation for our clients.”



