Trusting Your Divorce Lawyer For Advice, With Attorney Brian D Perskin

Editor’s Note: Expert divorce attorney and Haute Lawyer Network member Brian D Perskin joined Haute Lawyer for a Q&A on the importance of trusting a divorce lawyer on the advice they give, pitfalls to avoid in the legal separation process, and more.

Brian D. Perskin - Oct 2020 - shutterstock_1138459775Photo Credit: Shutterstock

Haute Lawyer: What is the first pitfall that comes to mind when one doesn’t properly consult with a divorce lawyer?

Brian D Perskin: The first order of business when considering a divorce with your spouse is to speak with an experienced divorce lawyer and have a strategy session.  Failure to plan is one of the biggest mistakes people make when deciding to divorce.  There are optimal times to file for divorce that should be explored with your lawyer.  For example,  if your spouse is due a large bonus,  or will vest for certain stock options in the near future, it is prudent to wait until after the bonus or options are vested before filing.

The discovery is the key to any successful divorce litigation.  A potential litigant should gather as many documents, i.e. tax returns, bank statements, credit card statements, employment contracts before they embark on filing for divorce.  When one spouse has control of these documents, although that spouse is required to turn them over,  they can slow play the entire case, and try to hide certain evidence during the proceedings.  For example, it is difficult to get support without a copy of your last year’s tax returns.  You can try to find them in the house, on a computer hard drive, or request a copy from the IRS before you file.

It is important to trust your divorce lawyer; you have to trust the advice when it is given.  There are many decisions to make during your case, and if you do not trust the messenger, you may miss out on a great deal.

HL: In the interest of privacy, should some information (assets, business or personal relationships, etc.) ever be held back from a divorce attorney? Why or why not?

BDP: Tell your divorce lawyer everything. This way you get the best advice possible. If you hold back information, the strategy that your lawyer crafts for you may not work. Your lawyer may apply to the court for some relief and your spouse could argue that you are lying because you purposefully did not mention a major asset. Tell the truth to your lawyer, and let your lawyer craft the perfect strategy for your case.

HL: What is a lesson you and/or your clients have learned in the proceedings of any of your divorce cases?

BDP: The best lesson most clients learn during a divorce is to try to settle your case in a fair manner. It will go faster and ultimately be less stressful on your life, as well as save you money. A contested divorce can take years of your life away, it is not worth it if you can settle and move on with your life. The happiest clients are the ones that settle their cases quickly and fairly.

HL: Have you seen an increase or decrease in divorce rates lately? Why?

BDP: Divorce rates have been steady throughout my career. Divorce is a scary process, and many people live in an unhappy marriage. I have clients that come in for consultations every few months for advice.  Generally, clients decided on divorce about nine months after they contact a lawyer for the first time.

For more on Brian D. Perskin, visit his Haute Lawyer profile.

By Andres E. Caceres

Brian D. Perskin 1
Brian D. Perskin