David A. Kurtz
Estate Planning and Trust Administration
Wills, Health Care Directive, and Powers of Attorney (financial and health care)
Trusts such as: Revocable, Credit Shelter Trust, and Trust for Minors
Community Property Agreements
Administration of a persons estate after they pass
Small Estate Affidavit for estates valued under $100,000 and without real property
Real Estate Transactions
Purchase and Sale Agreements, Real Estate Contracts, and Earnest Money Agreements
Deeds, Covenants, and Easements
Promissory Notes for Real Property and Bill of Sale for Mobile Home
Real Estate Closings, Escrow Instructions, and Closing Statements
Child Custody, Parenting Plans, and Child Support
Division of Debts & Assets, Spousal Support, and Separation Contracts
Parenting & Support (unmarried parents)
Child Custody, Parenting Plans, and Child Support
Paths for Resolution in Family Law
Formal legal process with pleadings, discovery, hearings, and sometimes trial. Specialist or
experts may be used by agreement or to support a parties position. A Commissioner makes decisions during the temporary order phase and a judge makes the final decision if the
parties do not reach agreement prior to trial.
A third party neutral with legal training makes the decisions based on the evidence
presented by the parties and allowed for submission within the rules of civil procedure. It is
often a streamlined process compared to litigation and offers more privacy than litigation.
A neutral third party helps the parties resolve their separation or divorce by agreement. The mediator cannot give legal advice. An individual may use an attorney or other professionals to prepare themselves for mediation, but the mediation sessions are typically just the
mediator and the parties.
Attorneys are fulling involved in the resolution process to help the parties reach agreements.
Other professionals such as mediators, child specialist, and financial specialist may be used
by agreement or to support a parties view on an issue. Depending on the parties and
attorneys this process may mirror litigation or collaborative or somewhere in between.
The process focuses on a positive outcome for all parties through joint problem solving. Each
party has a specially trained lawyer to help reach an out of court agreement. The parties may
also utilize other collaborative professionals such as coaches, child specialist, and financial specialist. There is an agreement not to go to Court. This offers privacy and often reduces
legal fees and length of the divorce process compared to litigation.
Divorce, separation of unmarried couples, and modifications to parenting plans and child support can be costly. I offer several options so clients can choose the level of help they need.
The attorney gathers facts, researches the law, advises the client, drafts correspondence and/or court documents (pleadings), requests and responds to discovery (Interrogatories and Request for Production of Documents, Subpoenas, Depositions, etc.), negotiates, and represents the client in court proceedings, arbitration, mediation, or collaborative mediation.
The attorney represents the client in collaborative cases, negotiations, or prepares him/her for mediation. This may involve advising the client on what documents need to be gathered, legal authority, and preparing documents related to settlement or agreed orders.
The client represents him/herself, and the attorney drafts documents or orders based on the information the client provides.
(flat fee and hourly for revisions)
This may occur when the person is considering filing a Petition for Divorce, Paternity, or Parenting & Support of a child. The client wants to hire an attorney so important aspects like jurisdiction and requests for relief such as child support, spousal support, tax exemptions, etc. are not overlooked. In some situations, this is time sensitive because the client needs to establish jurisdiction if one party left the state; child support or spousal support; or suspects the other party is selling, transferring, or concealing assets in anticipation of divorce.
A person may also want Document Preparation when he or she is actively involved in mediation or litigation (motion, discovery, settlement conference, or trial). The attorney will draft documents and advise the client on areas where information may be lacking, or irrelevant information is being provided that may cloud the legal issues.
Another instance when a person may want document preparation is if the parties are in agreement on the terms of the temporary or final orders and want an attorney to draft the orders on behalf of one party. Note: I will only represent one party. The other party has the right to review the documents and seek legal advice of their own.
The client represents him/herself, and the attorney reviews documents or orders the client has drafted or orders drafted by the other party or his/her attorney.
Often times a party representing themselves feels overwhelmed and needs information about the litigation or mediation process. I meet with clients before or during the legal proceedings to help them develop an approach for litigation or mediation. For instance, we may discuss what reasonable terms are for a parenting plan, child support, or how assets and debts might be divided between the party’s based on the facts the client provides about the case.
(hourly or flat fee)