ERIC A. SCHWARTZ, P.C.

Attorney at Law & Mediator
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Frequently Asked Questions

We try to anticipate questions you might have about our services and provide the answers here. If you need additional information, send your email to attorney911@aol.com or we can be reached at (866) 453-5049. 
1.

WHAT IS THE DIIFFERENCE BETWEEN A "CONTESTED" AND AN "UNCONTESTED" DIVORCE? 

Simply put, if the parties can agree as to ALL issues related to the divorce so as to eliminate the need of a Judge to become involved, the matter can be considered an "uncontested" divorce.  If there are any issues (even one) that the parties cannot resolve, the matter becomes "contested" and the issue is submitted to the appropriate court of law.  


1.

How long will my case take and how much will it cost?

Any attorney who can guarantee how long your matter will take and what the final cost will be is not being honest with you.   There are so many factors that can affect the length and cost of any case.  The following are just some of the factors:  

  • Is the matter contested or uncontested?
  • Are there any children involved?
  • The income and assets of both parties?
  • Is there any written agreement in place?
  • Which court/judge is the matter before ?
  • Who is the attorney representing the other party?
  • Most important - how reasonable is the other party?

However, what an honest attorney will do is guarantee in writing how much the retainer will be and the hourly rates they charge their clients.


1.

WHAT IS "FAMILY MEDIATION"?

The process of mediation is far different and far less confrontational than litigation.  The way it works is that both parties consent to retain my Firm to act as a Mediator in helping the parties come to a satisfactory agreement.  The parties sit down together and separately with the Mediator and we discuss, and hopefully resolve, one issue at a time.  Once there is an agreement, the Mediator drafts a proposed agreement to be reviewed by both parties (and there independent attorneys if they choose) and we proceed to an uncontested  action. Another benefit is that the parties can choose to split the cost of the fees instead of each side paying there own attorney's fees.

I am one of a handful of trained Family Mediators that also actually practices before the courts on a regular basis. Such duel roles permits me to have a unique understanding of the advantages of  mediating instead of litigating.         


1.

Who is "Eric Schwartz"?

Most important, I am married and have four wonderful children.  I was born, raised and educated in New York.  From the day I graduated law school, I have worked exclusively in New York. For the past 12 years, I have specialized in Matrimonial & Family Law.  From 1994-2002, I was the senior attorney in a well known mid-town law firm.  In 2001, I completed my training as a Family Mediator.  Starting in September of 2002, I have operated my own firm in Manhattan.

I am an active member of numerous Bar (lawyer) Associations and Family Mediation Organizations, including the following:

  • New York State Bar Association (Family Law Section)
  • New York County Bar Association (Family Law Section and Legal Referral Service)
  • Brooklyn Bar Association (Family Law Section and Legal Referral Service)
  • Nassau County Bar Association (Family Law Section and Legal Referral Service)
  • Family & Divorce Mediation of Greater of New York   

I have a deep respect for the many difficulties involved in a divorce or other family law issues.  I also understand that to successfully work through these difficulties, there must be a great trust between the attorney and client.  I have always committed my office and myself to never breaking that trust.           


Contact our attorney at law, specializing in divorce, family law, custody, visitation, paternity, support, alimony, family mediation, prenuptial agreements, relocation, enforcement and modification proceedings in New York, NY.