War and Peace - A Tale Of Two Divorces |
![]() Michael Gill
Michael Gill is certified by the Supreme Court of NJ as a Matrimonial Attorney Family Law, Mediation and Commercial Litigation. Professional Affiliations: Past President of the Atlantic County Bar Association (2004-2005); Officer and/or Trustee, Atlantic County Bar Association, 1996- 2005; Adjunct Professor of Family Law – Richard Stockton College of New Jersey, 1992- present; Matrimonial Early Settlement Panelist for Atlantic and Cape May Counties; Recipient of Legal Services of New Jersey Equal Justice Medal, March 23, 2004; Admitted to practice in New Jersey and before the United States Supreme Court; Member of the New Jersey State Bar Association/Family Section; Member of American Bar Association/Family Section; Former member of District I Fee Arbitration Committee (1997-2000); Former Member of Board of Directors Community Justice Institute of Atlantic County (1999-2004); Board of Directors for South Jersey Legal Services, 2004- present; Selected by New Jersey Magazine as a “Super Lawyer” in 2005 and 2006;Has published numerous articles including one in The Rutgers Law Journal(Volume 21, number 2) which has been cited and quoted by three State Supreme Courts (New Jersey, Michigan and Wyoming). Goldenberg, Mackler, Sayegh, Mintz, Pfeffer,Bonchi & Gill, P.C. 660 New Road, Suite 1-A Northfield NJ 08225 609-646-0222 michael@gmslaw.com |
| View all articles by Michael Gill |
This will be a story of two separate divorces of similarly situated couples. The couples referenced in this article are fictitious. Any resemblance to any actual person in this article is purely coincidental.
George and Laura and Bill and Hillary are two couples that are going through a divorce. Both couples have been married for 15 years and have 2 children. Both couples are professionals with combined annual income of over $100,000.00.
George and Laura are determined to “go to war”. Each seeks an attorney with an aggressive reputation. George and Laura cannot agree on anything during their divorce proceeding. They file multiple applications with the Court over nearly every issue imaginable. The applications are filled with personal attacks, drowning out the substance that the Judge needs to hear.
Eventually, George and Laura receive a settlement recommendation from the Court sponsored Early Settlement Panel. Neither one of them is happy with the settlement recommendation and neither one will negotiate any further. The matter proceeds to a trial date. Their lawyers spend days in trial preparation at great cost to George and Laura. On the morning of trial the lawyers convene with the Judge who is going to hear the case and the Judge patiently listens to their respective positions. The Judge makes a pre-trial settlement recommendation based upon the facts that were conveyed to her. Neither George nor Laura will accept the Judge’s settlement recommendation, nor even negotiate from it. George and Laura cannot even agree on how they are going to divide their kitchen utensils. Their case proceeds to trial, which lasts 5 days. Various experts are called to testify at significant cost. After the trial, the parties have spent over $35,000.00 each in trial costs. Their total legal fees are over $70,000.00 each for the entire divorce.
In the end, George and Laura are left with nothing. Their home has to be sold and the equity in the home is utilized to pay the lawyers and the experts that were involved. Their children suffer significantly due to the acrimony between their parents. Their children develop social and behavioral problems in school. George and Laura are two very unhappy people when their divorce is over.
Bill and Hillary take a different route. Bill and Hillary, while acknowledging that their marriage should end, vow to keep their divorce as peaceful as possible, not only for their children, but for their financial wellbeing. Bill and Hillary both retain lawyers who are certified by the New Jersey Supreme Court as Matrimonial Attorneys and both advise their lawyers that they want to work towards a fair, efficient resolution of the issues between them. No pre trial motions are filed, keeping costs down. The lawyers exchange documents and agree on a temporary support arrangement without Court involvement. Bill and Hillary resolve their parenting issues in the court sponsored free mediation program. The parties have 4 way conferences to resolve as many issues as possible without going to Court. Bill and Hillary do reach sticking points but the lawyers schedule a settlement conference with the Judge who will be trying their case to seek his opinion on those issues. Bill and Hillary accept the Judges settlement recommendations.
In the end, Bill and Hillary settle their case without a trial and with minimal time in Court. Bill and Hillary each spend approximately $5,000.00 on their divorce. Although neither one is entirely thrilled with the final settlement, they both recognize that it is generally fair and that they will each have to make adjustments in their lives. Most importantly, their children were spared being witness to acrimony between their parents and remain relatively well adjusted.
Approximately 50% of marriages are going to end in divorce. Couples can do it the easy way or they can do it the hard way. However, when each party has a certified matrimonial attorney, their attorneys should have a good idea how the case should come out once all the facts are known, and can work towards that result.
At the Goldenberg, Mackler Law Firm we work to find solutions to problems that arise in divorce matters. My experience and background are set forth on this page and in more detail at our website at www.gmslaw. com. I am assisted by my associate, Lauren Tyler, who spent a year clerking for the Honorable Vincent D. Segal, who, although now retired as a Judge, remains one of the most respected Family Court authorities in the State. We work together to help you get your entitlement and get on with your life as efficiently as possible.
There are times when a divorce case does have to go to trial. Sometimes an adverse party is simply unreasonable and will not settle. Occasionally, a novel legal issue arises where reasonable minds differ. The Goldenberg, Mackler Law Firm has a 37 year history and a reputation in the legal community as a firm that will take cases to trial when necessary. Seven of our attorneys are certified by the New Jersey Supreme Court in their respective fields.
When people go through a divorce they should have competent legal counsel, preferably certified by the Supreme Court, to guide them through the process. A divorce does not have to be a nightmare and it does not have to financially destroy the family.
- By Michael Gill
- Law
- Published 02/29/2008



