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The Progressive Lawyer
There are several basic tools or road maps that can be applied to guide divorce lawyers in effectively organizing and presenting their cases. An immediately effective tool, so obvious but also often forgotten, is comprised of the factors that are contained within a given jurisdiction's statutes and rules. Regardless of jurisdiction and whether contained in rule or statute, there are always factors that are to be considered before any court can make its determinations. All too often, however, these factors are ignored or at least not presented in the most coherent manner possible. If we accept as an initial premise that the family courts, regardless of jurisdiction and vicinage, recognize that these standards and rules need to be considered, we should, as an important part of our testimonial or briefing process, lay out the standard and rule and apply the facts of our cases to the criteria in the most simplistic and straightforward manner.
Consider for the moment that, at the end of a contentious trial, the court asks us to present proposed findings of fact and conclusions of law. Using the guideposts our statutes and rules present, the matrices presented in this article will permit an organized presentation of the factual predicates that form the basis of our cases. This approach is not limited to post-trial procedures; it can also be effectively used for pre-trial and pre-motion arguments, as well as for early settlement panel presentations and settlement conferences. (Note that while this article relies to some extent on the statutory factors relevant to New Jersey, this progressive approach to advocacy can be effectively employed in any jurisdiction by simply substituting the appropriate statutory components.)
The importance of proceeding in this fashion can be seen in the statutes themselves. For example, in N.J.S.A. 2A:34-23.1, New Jersey's equitable distribution statute, the legislature has mandated:
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