"My divorce lawyer is telling me my divorce case is a 'sure thing' -- that I'll definitely win sole custody and a larger share of the settlement. Should I be skeptical?"

The only sure thing about a divorce case that goes to trial is that there are no sure things.

I would be concerned about a divorce attorney who makes such promises, especially where sole custody is concerned. Sole custody is not something that is "won" but is awarded only in rare circumstances and generally after the court has appointed a guardian ad litem and ordered psychological evaluations of both parties, which is an extremely expensive, time-consuming, and emotionally exhausting process. As for a larger share of the assets, the court begins with the notion that assets should be divided 50-50. Certain factors and circumstances may justify an unequal division of assets, but this will depend on the unique facts and circumstances of your case.

It is important that your divorce lawyer, after hearing all the facts and circumstances, explains to you the law regarding sole custody and equitable distribution (division of property) as well as his/her reasons for stating that sole custody and a larger share of assets is a "given" in your case. Make sure that you are comfortable with the explanation being provided and are not relying solely on an empty promise that this is "a sure thing."

Tuesday, February 14
at 8 pm to 8:30 EST
Preparing for Divorce Mediation - 5 Steps of Negotiation Power to get what you want
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