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About Stutzke Law LLC.

Stutzke Law is a boutique family, employment, estate planning, and commercial litigation practice with dual offices located in Parlin and Freehold, New Jersey.

Here at Stutzke Law, your problems become our problems. It’s not about us - it’s about you. We understand that losing a business, a job or a marriage is quite possibly one of the most devastating and demanding times in a person's life. To that end, we strive to be sensitive to the financial and emotional needs of each and every one of our clients.

We more than prepared to see you through these tough times as not only a counselor but as a close friend and an equal. We are very protective of our clients' rights, and work hard to achieve optimal settlement packages for them. But when necessary, we litigate aggressively to protect our clients' interests.

Contact our office today to arrange a free consultation. (732) 952-2903 – Stutzke Law, LLC has Greek and Spanish translators on site. Please let us know if you require translation services for your free initial consultation!

Divorce Litigation

The media frequently touts the benefits of mediation and collaborative law as a means of resolving divorce and other family disputes short of litigation. While these methods of alternate dispute resolution are indeed valuable, and frequently result in fair settlement packages at a reduced cost, they are not always appropriate or effective.

For instance, the ethical rules governing mediators prohibit mediation where a Final Restraining Order has been entered against a spouse.  Even in cases where there is no such order, there might be such a power imbalance in a relationship that the integrity of the entire process is jeopardized.  Some manipulative spouses view the mediation process as an opportunity to induce a quick, yet unfair, settlement under the guise of being the “good guy” for foregoing litigation. Certain tactics include creating a false sense of urgency about the divorce, inappropriately hanging “custody” over a primary caretaker’s head, and/or exploiting the informality of mediation as a means to conceal assets that would otherwise be disclosed through litigation. The presence of the parties’ private attorneys during mediation does not always remedy the situation, as one spouse may be extraordinarily stubborn, refusing to compromise on any one issue out of pride or ill will.

In these and other cases, pursuing alternative dispute resolution avenues might simply amount to a waste of time and money.  Even worse, where collaborative law is utilized, only to eventually prove unsuccessful, both parties must start over with completely new attorneys, causing the re-creation of not only “the wheel”, but additional attorney’s fees.

            The unfortunate truth is that sometimes divorce litigation is absolutely necessary, whether amounting to pendente lite motion practice or a full-blown trial.

Pendente lite motions are applications filed pending the divorce but before final judgment.  Examples of issues implicated in these motions include support for a spouse and/or children who have been financially abandoned, temporary custody of minor children, a determination as to which party should get to reside in the marital residence, or even a counsel fee advance in order to “even the footing” between spouses with disparate incomes. These motions serve the dual goals of obtaining much needed relief and “setting the tone” for the pending proceedings, specifically, making your spouse fully aware that you will not be bullied and are emotionally ready to protect and enforce your rights if you must.  Such pre-trial determinations also serve to facilitate a fair settlement down the road, as pendente lite orders often give a glimpse as to the Judge’s inclinations and what result might reasonably be expected at trial.

While only a small percentage of divorce cases are actually tried to conclusion due to time, expense, and the desire to avoid unnecessary discomfort and embarrassment, there are some cases where a trial may be unavoidable.  These cases include not only significant bona fide disputes, but cases where, for example, a vengeful litigant is dead set on putting her spouse on the stand, or has been unwittingly promised the proverbial “moon and the stars” by her attorney if the matter proceeds to trial.

Whatever your circumstance, it is absolutely critical that you receive assistance from an attorney qualified to not only litigate your matter, but to prepare your case for proper presentation to the Court. This groundwork entails obtaining all of the relevant financial and other documentation to support your case, retaining expert witnesses, conducting depositions, drafting lines of questioning, organizing and selecting trial exhibits, and, most importantly, using all of the foregoing to artfully and persuasively relay “your story” the Court.

Here at Stutzke Law, it is not our policy to adopt unreasonable positions or to litigate matters for the sake of it.  However, we are more than prepared to aggressively litigate your interests when the circumstances call for it.  Kindly contact us today to discuss your matter today.

The Stutzke Law philosophy is that trust is the bedrock of all successful attorney-client relationships. At The offices of Stutzke Law your problems become our problems. We understand that losing a business, job or a marriage is quite possibly one of the most devastating and demanding times in a person's life. To that end, we strive to be sensitive to the financial and emotional needs of each and every one of our clients. We are more than prepared to see you through these tough times as not only a counselor but as a close friend. Working from a framework of mutual trust, communication, and cooperation, it is our prerogative to handle your case in a responsive, thorough and dedicated manner from start to finish.
Amy Stutzke
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