Archive for the ‘ Divorce ’ Category

Boca Ration Divorce Lawyer: Lewert Law: Is Mediation Valuable in Divorce?

Posted on: January 22, 2017 by in Divorce
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The single best piece of advice anyone going through a divorce can hear is to consider all of your options carefully. Lots of people want to rush headlong into divorce. And considering the emotions involved, they are often thinking about things with a less-than-rational state of mind, instead of mediation.

If you have decided that divorce from your spouse is the only possible option, be sure to consider mediation as an alternative to divorce court. There are a lot of benefits to choosing mediation, but many couples either overlook or discount it as an option.

That is unfortunate, because for a surprising number of couples, mediation is the preferable way to accomplish the goals of a divorce. It effectively and responsibly brings a marriage to an end. Better still, it is able to eliminate or bypass a lot of the bitter feelings and vicious fighting that attend the divorce process.

Before you move forward with your divorce, take the time to learn more about what mediation involves and why it is valuable. It mediation turns out to be the best option for you, your spouse, and your whole family, you will be glad that you didn’t make the divorce process any harder than it has to be.

What is Mediation?

The mediation process is really quite simple and open-ended. Both spouses typically work with a divorce lawyer who specializes in mediation. Then both parties agree on a neutral third-party who will give guidance and oversight over the mediation process. Finally, all parties meet to discuss through and resolve the major issues involved with divorce like the division of assets and child custody agreements.

The mediator is there to offer objective insights and keep the process on track. But it is not the mediator’s ultimate decision how the details of the divorce are resolved. The couples have to come to a mutual agreement. Plus, they are free to bring any issue they would like to the table. Obviously, important issues about property and children will be discussed. But the focus of the process will not be nearly as narrow as divorce court.

It helps to think of mediation as a kind of structured conversation. The goal is not for one side to beat the other. Rather, the goal is to air the issues, reach compromises, and come to amicable agreements. There is some helpful structure and momentum built into the process. But for the most part, the couple themselves dictates both the substance and the outcomes of the process. That is not the case at all in divorce court.

What are the Benefits of Mediation?

Mediation can potentially benefit all couples and improve any kind of divorce proceeding. But for a certain kind of couple and a certain kind of divorce, it is really the best available option.

It is often the case that divorce is necessary, but that the spouses do not viciously hate each other or want to punish the other party over the long term. They simply want to bring their marriage to an end and split their lives up as quickly, effectively, and peacefully as possibly. Mediation is the option for couples who do not want to turn divorce into a battle.

The process also tends to be both faster from beginning to end, and less expensive in total than going through the divorce courts. Many couples are not interested in lingering on the divorce process. They are simply ready to begin building a new life separately. Mediation is a way to focus on the right issues and reach the right conclusions with a lot less necessary hassle.

Finally, and perhaps most importantly, mediation is a lot more open than the divorce courts ever are. Couples can interact as intimately or formally as they want. They are free to bring up as much or as little as the deem necessary. And, for the most part, the process is not bogged down by procedures and protocols. Every divorce is different, and the best way to end a marriage is organically. Mediation offers the kind of adaptability that many couples are looking for at this difficult and confusing time.

Decide if Mediation is Right for You

For some couples, it is the best possible choice and a truly exciting and unexpected option to consider. But the truth is that for some other couples, going though divorce court is absolutely the better option. The same features that make mediation ideal for some couples make it a disastrous choice for others.

If you are contemplating divorce, you will want to get in touch with an experienced attorney as soon as you can. With the help of counsel you can explore the issues at play, learn more about mediation, and determine the best course of action for you, your future, and your family. To get the answers you seek, contact Lewert Law at 561-220-0123 at your earliest convenience.

Why a Specialist Matters in Your Divorce

Posted on: January 16, 2017 by in Divorce
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why a specialist matters in your divorce

Unless you have investigated the issue specifically, you are probably unaware why a specialist matters in your divorce. That is understandable, but also troubling if you are planning to or already going through a divorce. In order to make sure that your interests and future are fully protected, learn why a specialist matters in your divorce.

Divorce Raises Complicated Issues

A big reason why a specialist matters in your divorce is because there are so many complicated and specialized issues that come up. For instance, if you are trying to divide up complicated assets or determine the best living arrangement for a child, you will not want to let assumptions and emotions rule your decision making process. With the help of a specialist, you can get the insights, experience, and expertise you need to reach the outcomes that you want.

A Divorce Lawyer is Not Enough, Why a Specialist Matters in Your Divorce

Having a great divorce lawyer on your side is essential. But part of why a specialist matters in your divorce is because the range of assistance a divorce lawyer can provide only extends so far. The last thing you want is to discover that you do not have all the resources you require after it is too late. To prepare yourself fully, understand why a specialist matters in your divorce and whether you need to have one on your side.

Divorce is a Consequential Process

The outcomes of your divorce will affect you and your family for the rest of your lives. Depending on how things go, your finances could be significantly enhanced or significantly compromised. You may end the process feeling confident that your children are well cared for or filled with worries about their well-being. These are the sorts of issues that you can’t afford to gamble on. The biggest reason why a specialist matters in your divorce is because you don’t want to leave anything up to uncertainty.

Now that you know why a specialist matters in your divorce, it’s time to get the right ones on your side. Work with the team at Lewert Law by calling 561-220-0123.

The Best Time to Get a Divorce in Palm Beach County

Posted on: January 4, 2017 by in Divorce
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Divorce should not only be a heart-felt decision, but a collective decision. This is why timing is everything. Florida still continues to be one of the top 10 states with the highest divorce rate, with the rate of divorce in Palm Beach County being no exception.

If divorce is something you have put much thought into and have your mind set on, plan your steps and present the divorce papers after you have done your research and taken the proper action in preparation.

A divorce in Palm Beach County will entail a Florida Law “no-fault” divorce statute meaning that a spouse is not required to prove that the other caused the breakdown of the marriage. In plain English, you can obtain a divorce even if your spouse does not consent, which can help expedite the process more so than other states.

According to Forbes, January is the ideal time to start taking steps to prepare for divorce for both emotional and practical reasons. Holidays are the worst time to add the stress of a divorce announcement amidst the hustle and bustle of shopping and family visits. January is a time for new beginnings and also a time to file your previous year’s taxes and get your financial affairs in order.

Since there is a period of preparing the paperwork within a 2-3 month period, rates of divorce surge in January and continue to peak through March according to a study conducted by Market Watch. For divorce in Palm Beach County, Florida Family Law states that the final judgment for dissolution of marriage can’t be entered until at least 20 days after the filing date for divorce.

Here are the most common reasons why January is the best time of year to start the process of divorce filings according to Huffington Post:

  • New Year, New Beginnings – Not too many people are so ruthless as to present their spouse with the ambush of a divorce during the holiday season. New Years symbolizes a fresh slate and an optimistic outlook on starting a new beginning. This gives enought time and more likelihood that by the next holiday season, children and family members are better adjusted to the new arrangement.
  • The Bonus Check is in the Bank – If your spouse is expecting an end of year bonus, you are ensured to accrue the martial property before he or she can deny it from your finances. This helps to divide the previous and current year’s finances between you and your spouse so that you are entitled to the shared finances you had when you were married.
  • Time to Plan the New Tax Year – As stated above, clearing out your previous year’s tax obligations before proceeding with the new endeavor of divorce will ensure that the two will not intermix. Since you will most likely be in the mode of thought where you are preparing your personal finances, considering the outcomes of your divorce will come to mind in a clearer manner.

Emotionally, there is no “best time” to get a divorce, no matter what month of the year it is. However, you should never file for divorce until you are fully ready to do so. Jeff Landers, a CFDA is the author of Think Financially, Not Emotionally brand of books, webinars and seminars and eLearning courses that guide support people before, during and after divorce. He illustrates the four bases of time-frame preparation when filing for divorce:

  • Assemble your paperwork – When you gather the paperwork, make sure your spouse will not see it. Keep it in the possession of a trustworthy loved one or a safe deposit box at a bank. Review the Financial Information Checklist if you are not sure what financial and legal documents you need. (Conveniently, this checklist is written by the Bedrock Divorce Advisors in West Palm Beach, which bears in mind the nuances of divorce in Palm Beach County).
     
    This will take a long time, and there will be details you will need that have not even crossed your mind in years. Bear in mind that you will need certain documents from your spouse and they may not be willing to cooperate and may even attempt to thwart the process. Family Florida Law uses an equitable distribution structure for dividing property.

    Bear in mind that divorce in Palm Beach County is more successful in your favor if you create an inventory of all property currently and previously owned because it will determine whether or not the asset is marital or the separate property of one spouse. For more information on obtaining the specific forms for divorce in Palm Beach County, click here.

  • Establish your own credit – Now is the time to establish your foundation as someone who is filing as single. Obtain a copy of your credit report and correct any blemishes or errors. Open up credit cards, checking, and savings accounts using your own name without your spouse’s name. Preferably use a bank where you and your spouse does not currently use.
  • Save enough money to fund your divorce, or make alternative arrangements – Having a secret fund that your spouse does not have access to puts you way ahead of the game in terms of establishing financial independence once you are divorced. With the key word being secret, this means that you go out of your way to make sure that your spouse does not find out about it.
     
    Otherwise, you can be accused of hiding assets or charged with dissipation of marital assets. If your spouse is the breadwinner, you will need to make sure that credit card bills and expenses are paid in case they cut you off before your settlement is final.

    Be aware of how expensive your divorce is and know that the more complex the financial structure of your marriage is, the more lawyers, financial advisors, forensic accountants and experts you will need to employ.

  • Put together a top-notch professional divorce team – Shop around for the best attorney before choosing one. Choose them based off of credentials rather than personal chemistry and make sure they are specialized in the required expertise. If you can afford it, hire a team of professionals: an attorney, a divorce financial advisor and a therapist to take care of the emotional distress that your divorce will cause.
     
    With a divorce in Palm Beach County, a Florida attorney will advise you to take on one of the three types of divorce that you can file: 1. Simplified Dissolution of Marriage 2. Uncontested Divorce 3. Contested Divorce.

With the occurrence of divorce in Palm Beach County being so common, it is not a cynical idea to stay informed about the best methods of approaching the beginning proceedings of divorce. Even if you are just contemplating and do not necessarily follow through with a divorce, it is better to approach the idea with finances in mind rather than emotions if that is the final decision.

How Much Does A Divorce Cost?

Posted on: December 23, 2016 by in Divorce
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How Much Does A Boca Raton Divorce Cost?

How Much Does A Divorce Cost?

How Much Does A Boca Raton Divorce Cost?The emotional,financial, and physical toll that a failed marriage can take on a person can be tremendous. So a very important metric to think about when wondering how much does a divorce cost -you may want to also calculate how much you’ll be saving!Getting a divorce can certainly be a involved processs but as an experienced divorce lawyers, we at Lewert law know the upsides to a divorce are significant in many areas:

Benefits of Getting A Divorce

  • One of the most valuable thing any of us have is time, and when stuck in a marriage that is failed; more often than not your marriage has become a black hole and is draining you of time, energy, and robbing you of any joy you may have. Lewert law has helped countless men and women extricate themselves from the endless morass of a bad marriage, and while certainly not the easiest thing, getting a divorce was exactly what our clients needed. If you were to ask those men and women what they thought about how much does a divorce cost, we’re certain they would answer that it’s been worth every single penny because of the dramatic differnce in their lives post divorce.
  • Many of our divorce clients also are fairly impressed when they discover just how reasonable our services are when they enquire how much does a divorce cost. Divorce is a complicated, intricate, and fairly involved process and while no two divorces are exatcly alike; Lewert law is proud of our track record of bringing even the most complicated of divorce cases to a simple, straightforward, and advangantageous resolution for our clients.
    Getting a divorce can have far ranging impacts on the rest of your life in areas like child support, spousal support, division of assests, and so when when calculating how much does a divorce cost, it’s important to not be short sighted.Those are all issues that can have impacts that could be felt for years after your divorce, for example child support is usually until a child turns 18; and in some cases can be even longer. The cheapest alternative may not get you the results you need to protect your financial future! At Lewert law we have helped countless people in your situation get the results they needed, call today for a free initial divorce consultation!

  • Preparing For Divorce In Boca Raton

    Posted on: December 7, 2016 by in Divorce, Family Law
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    Lewert Law Can Help You In Preparing for Divorce in Boca Raton!

    Preparing For DivorceGoing through a divorce is never easy, but having to prepare for a divorce can be even more difficult than the process of divorce itself. At Lewert Law, we understand that there are some inherent stresses in preparing for divorce in Boca Raton, and we’re here to help you. As one of the only attorneys in South Florida who is a board certified specialist in marital and family law, Tina Lewert, Esq., of Lewert Law has decades of experience in helping people like yourself in preparing for divorce in Boca Raton.

    What are the first steps in preparing for divorce in Boca Raton?

    The attorneys at Lewert Law talk to men and women about preparing for divorce in Boca Raton every day, and as such, they’ve come up with this comprehensive list of things you will need before you come in for your initial consultation with us.

    Get your financial records together

    One of the first things you need to do when preparing for divorce in Boca Raton is to get all of your financial records together. This includes everything from information about your bank accounts, to information about your investments and 401(k)’s. If there’s any piece of paper with information about your money on it, we need to know about it.

    Start saving money for your legal fees

    No matter if your divorce is contested or uncontested, the next thing you need to do when preparing for divorce in Boca Raton is to get your finances in order so you can save money for legal fees. Divorces – especially contested ones – can be expensive propositions, and the best thing you can do for yourself is to start to save money now.

    Get your last will and testament together and/or changed

    Finally, but certainly no less importantly, you will need to get your last will and testament in order (if you don’t have one already in place) or changed to reflect your soon-to-be divorced status (if you already have one in place). The last thing you need is to have a judge force you to change your last will and testament into something you may not want for yourself and/or your children because of a divorce.

    Contact Lewert Law for all of your divorce needs!

    The attorneys at Lewert Law are pleased to offer a free, no obligation consultation for all of their prospective new clients so they can discuss the particulars of their divorce case. For more information on how we can help you in preparing for divorce in Boca Raton, contact us today.

    Prepare Children For Divorce – Our Thoughts – Lewert Law

    Posted on: November 22, 2016 by in Divorce
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    How To Prepare Children for Divorce

    Prepare Children For DivorceGoing through the process of divorce is never easy, but going through the process of divorce when there are young children involved is even more difficult. At Lewert Law, we understand the difficulties that divorce brings, and we want to help you understand how to prepare children for divorce. Although no two divorce proceedings are the same, and no two children will respond to divorce the same way, these simple steps will teach you how to prepare children for a divorce that is sure to change their lives, no matter what the outcome of the case may be.

    How to prepare children for a divorce, even if you’re not prepared for it yourself

    One of the most difficult things to do is knowing how to prepare children for a divorce, even if you, yourself, aren’t prepared for the divorce to come. But there are a few simple steps you can take on how to prepare children for divorce, no matter how easy – or difficult – it may be for you.

    A divorce is not about blame – it’s about change

    Children, like adults, don’t like change. However, one of the easiest things you can do when you know how to prepare children for divorce is to tell them that your family is changing, not splitting up. This talk will help your children prepare for what’s to come and learn to accept it for what it is.

    A divorce is not the children’s fault

    One of the most common beliefs that children have when it comes to divorce is that it is somehow their fault. However, when you understand how to prepare children for divorce, you can help them understand that no matter what, the divorce is not and never will be their fault.

    No matter how acrimonious the divorce is, everything is going to turn out alright

    We understand that it can be difficult to make children believe that everything is going to be alright, especially if your divorce is devolving into an acrimonious mess with accusations on both sides. However, one of the best ways of how to prepare children for divorce involves shielding them from as much of the acrimony as you can. That way, you can have them know – and understand – that no matter what happens, they will always be okay.

    Now that you know how to prepare children for divorce, we invite you to contact us today and let us help you prepare for your divorce, as well.

    Divorce Modification – The Assistance You Need

    Posted on: November 11, 2016 by in Divorce
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    Lewert Law Can Help You Through the Process of Divorce Modification

    Divorce ModificationDivorce can be particularly acrimonious, so it makes sense that you would want to put the situation behind you when you finally reach a resolution. However, in the event you want to go through a divorce modification – for whatever reason – you’ll need the help of an experienced divorce modification attorney to make sure you get the settlement you deserve.

    And that’s where Tina Lewert, Esq., of Lewert Law comes in. With decades of experience handling even the most difficult divorce cases, and as one of the few attorneys in Florida who is Board Certified in the field of divorce, Tina Lewert, Esq., will work tirelessly for you to get the divorce modification you need with the terms you deserve.

    What is a divorce modification?

    More often than not, you would want a divorce modification if you wish to change the terms, and the amount, of your existing child support arrangement. Under Florida law, you are entitled to get this if the amount of requested modification is greater than $50 or 15% of the monthly payment, whichever is greater.

    And this modification can come even if you have prior orders for child support from a previous divorce and/or paternity case, or if you have a standing order of child support from the Florida Dept. of Revenue Child Support Enforcement Office. No matter what the terms and the conditions of your divorce are, no order that makes child support “unmodifiable” (that is, cannot be changed) can be considered enforceable.

    Because according to Florida law, you can file for a modification any time there is a demonstrable “change in circumstances.” Maybe you’ve lost a job. Maybe the cost of living has gone up. Maybe your child/ren have suffered an unforeseeable emergency, and you need your former spouse’s support in order to cover the expense.

    Whatever the case may be, if you need a divorce modification, you need to contact Tina Lewert, Esq., at Lewert Law to discuss the terms you wish to change. As someone who is well versed in the various details regarding divorce in Florida, with decades of experience helping the most desperate of clients, Tina Lewert, Esq., is the attorney you can trust to get the modification you need.

    For more information about how Lewert Law can help you with your divorce modification, contact us today for a free, no obligation consultation.

    3 Reasons to Pursue Postnuptial Agreements

    Posted on: November 7, 2016 by in Divorce, Family Law
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    Postnuptial Agreements – Lewert Law

    The practice of signing postnuptial agreements is still not widely understood, but the number of these types of agreements is on the rise. There is a growing body of evidence to suggest that these legally binding contracts made after a couple has wed can strengthen a marriage. In any case, they are an option for couples who are focused on their relationship. Here are three reasons you might consider pursuing postnuptial agreements:

    1. You Have Children from a Previous Marriage:
      If this is not your first marriage and you have children with a former spouse you likely still have a strong relationship with those children. A spouse who wants to ensure that these children are financially protected if a new marriage were to end needs legal guarantees. Postnuptial agreements can be used to outline how these kids fit into the assets of a marriage.
    2. Your Marriage is on Shaky Ground
      There are lots of reason that a marriage can begin to decline. And it is often the case that one partner is more invested in the relationship than the other. A spouse who wants to demonstrate their commitment to a lasting, effective union can use postnuptial agreements. These legal documents say in no uncertain terms that at least one partner is working to make things better.
    3. You Plan to Raise Children
      It is now a possibility for either parent to take an extended absence from the workforce to raise children. They provide a value for the service but sacrifice a significant amount of wages and career capital in the process. If a marriage should dissolve, this professional disadvantage should not affect the parent who stayed home. Before leaving the workforce, consider drafting postnuptial agreements that address your finances.

    Contrary to popular opinion about documents like these, postnuptial agreements are not a cynical approach to marriage. They are simply a realistic one and one that typically serves the needs of both parties. If you would like to explore postnuptial agreements further, call Lewert Law at 561-220-0123 for a free consultation.

    Parental Alienation Matters – Lewert Law LLC

    Posted on: October 16, 2016 by in Divorce, Family Law
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    Parental Alienation

    Call Lewert Law for Help with Your Parental Alienation Matters!

    Parental AlienationTina Lewert, Esq., of Lewert Law is an attorney who has many years of experience in handling a variety of marital law and family law matters, but she is most experienced in handling matters involving parental alienation. If you’ve been the victim of this misgiving, and need the help of an experienced attorney to fight for your rights and get the justice you deserve, Lewert Law – and Tina Lewert, Esq. – is the attorney you’ll need.

    What is parental alienation?

    Parental alienation, as a whole, is the name given to both the process and the result of the other parent “brainwashing” the child against you, causing the child to not only fear you and disrespect you, but not want to spend time with you. Alienation is the perfect excuse for a non-custodial parent to keep you from your child.

    In his book, “Divorce Poison,” R.A. Warshak claims that parental alienation is a very specific type of psychological abuse and family violence that almost exclusively happens to children during the process of separation and divorce, and that parental alienation not only violates the Universal Declaration of Human Rights, but also the United Nations Convention on the Rights of the Child.

    In short, parental alienation is not only illegal in the eyes of the courts, it is a form of child abuse. With such serious consequences to parental alienation, shouldn’t you have a lawyer that’s able to understand the levity of this situation, and get you the justice both you, and your child, deserve?

    How can Lewert Law help you with your parental alienation matters?

    In addition to being an attorney that has several years of experience in handling family law and parental alienation matters, Tina Lewert, Esq., is a Florida Supreme Court Certified Family Law Mediator. Only 281 Florida lawyers out of over 100,000 that are certified to practice law in the state have that distinction, and that alone sets Tina Lewert, Esq., apart from the rest of her colleagues. However, it is her personal commitment to practicality, application of the law, and fair and reasonable solutions for both sides that makes her one of the most trusted family law attorneys in the state of Florida.

    For more information on how Lewert Law, and Tina Lewert, Esq., can help you with your case, contact us today for a free, no obligation consultation.

    Relocating With Children – Lewert Law

    Posted on: October 12, 2016 by in Divorce
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    Boca Raton divorce lawyer

    Relocating with Children Can Be Difficult – Unless You Enlist the Aid of Lewert Law!

    Relocating With ChildrenWhen you go through a divorce, it’s never easy – but if, after your divorce, you’re looking into relocating with children, it can be even more difficult than ever before. Florida law is very specific with regards to the stipulations on relocating with children, so if you’re looking to do so, you’ll need to enlist the aid of Tina Lewert, Esq., of Lewert Law!

    What does Florida law say about relocating with children?

    Florida statute 61.13001 makes it very clear that any parent who is interested in relocating with children – especially if they plan to leave for more than 60 days, and/or choose to move more than 50 miles away – must notify the other parent, in writing, of their desire to move. This statute is designed to protect both parents who do not have a court order regarding the custody of their children, as well as parents who are bound by a court order regarding the custody of their minor children.

    This same statute can prove to make relocation difficult, especially if the other, non-custodial parent, is in opposition to the custodial parent relocating with their children. If this is the case, the non-custodial parent may be able to block the custodial parent from relocating with children, even if the custodial parent files a Petition to Relocate. Furthermore, if the custodial parent proceeds in relocation without following proper procedures, s/he could find themselves looking at severe penalties, including jail time!

    For this reason, it’s important to enlist the aid of an attorney like Tina Lewert, Esq., of Lewert Law, to help you in your quest of relocating.

    Need help relocating with children? Contact us today!

    Tina Lewert, Esq., of Lewert Law has been serving families in the South Florida area for more than fifteen years. This Board Certified family law attorney is pleased to offer potential clients a free, no obligation consultation to discuss their case. For more information about us and our services, contact us today to see how we can make relocating with children easier for you.

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    Client Testimonials

    Kelley Ms. Lewert never lost sight of the practical realities of my divorce. Although she listened compassionately so that she understood what she needed to, she did not let me lose sight of my goals and what was acheivable within the system even when things got emotional. She protected my financial interests and my personal interests. Thanks to Ms. Lewert, I no longer have to deal with a difficult ex-. She didn't always tell me what I wanted to hear, but because of that, my case did not drag out longer than it should have. I never felt that she put her own interests ahead of mine. Her judgment was reasonable and her advice sound. She and her staff were good at dealing with difficult and unreasonable people in a professional and ethical way. Thanks to Ms. Lewert, I never got drawn into senseless battles, recovered as quickly as possible from my divorce and was able to move on and enjoy a better life. I have recommended her repeatedly to others who need an excellent family lawyer.

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