In some divorces, the parents of one of the divorcing spouses may be willing to help contribute to the cost of legal fees on behalf of their son or daughter. Frequently, such a contribution may be made because the son or daughter does not have sufficient assets, or because there are grandchildren involved. If you are considering making such a financial gift, here is what you need to know.
Your Son or Daughter Will Be Solely in Charge of Making All Decisions Concerning the Divorce
While your son or daughter may be very grateful for your contribution, the fact is that he or she will be our client. As such, we will be communicating solely with your son or daughter concerning all aspects of their divorce, and he or she will be responsible for making all decisions concerning how to proceed.
It is also important to understand that attorney-client privilege and confidentiality extend only to discussions between our firm and your son or daughter. In order to preserve the confidentiality and privilege for sensitive matters, it is important that such conversations be solely between us and them.
You and We Want the Best Outcome for Your Son or Daughter
We will be working vigorously in seeking the outcome desired by your son or daughter. Typically, the best solutions are those that are obtained through comprehensive negotiation and creative problem-solving. This process typically involves significant work on behalf of all parties involved.
In most cases, trial should be viewed as a last resort, because:
- The costs for trial are almost always significantly higher than with negotiated resolutions
- Parents will know more about the intricacies of their work and other schedules, and thus will be in a better position to develop a solution than a judge, who will not have this same knowledge
- The courts will almost never deny significant parenting time to one of the parents, even if that parent “caused” the divorce, unless that parent abused the children or is incapable of caring for the children as the result of psychological illness, drug or alcohol addiction, or some other reason.
- The longer that uncertainty exists, the more disruption and anxiety there is for the children who are involved.
All divorcing spouses should understand and appreciate these aspects, particularly those concerning children. In all divorces, outcomes concerning property division, child custody and support, and other matters will be resolved at some point; it is up to the spouses who are divorcing as to how long it will take and how much it will cost to reach these outcomes. As experienced divorce lawyers, we offer years of practice, creativity, and negotiation skills to help clients in seeking their desired outcome in a timely and cost-efficient manner.
