Marriage Story: A Matrimonial Attorney's Take
After ten years of marriage, Nicole and Charlie can no longer make it work. Maybe it’s because they don’t want to or maybe it’s because they were never meant to be in the first place. The details, however, no longer matter. They are going through a divorce and now the focus will change. Personality flaws and blame must be exchanged for finances and fitness to parent their son, Henry. At first, they want to find the shortest distance between point A and point B. They consider the idea of mediation. They will do things amicably, something they seem to genuinely believe.
Nicole has been aching to make her way back to California, as she has asked of Charlie so many times over the years. Charlie has consented to her testing the waters and taking Henry along, a gesture that soon reveals itself as too little, too late. As Nicole begins her next chapter in sunny California, she becomes ready to move this divorce forward. She is offered a referral to an attorney and makes the appointment innocently enough. She meets Nora, a fabulous and high priced LA based attorney, with a feminine office and a personal touch. Nicole buys in.
As Charlie makes his first visit to see Nicole and Henry in LA, he’s blindsided by the fact that she’s filed for divorce. In turn, Charlie consults with Jay, a shark of an attorney who charges exorbitant rates and is out for blood. After all, his strategy is to work on a defense because he “knows” that Nora will pull out all the stops. It’s a turnoff to Charlie, who can’t imagine spending that type of money or being that vicious to Nicole. Surely, Nicole will not let Nora be so cruel, right?
Instead, Charlie hires Bert, a no nonsense attorney who advises Charlie to offer a settlement that mirrors the most likely outcome under the law. When Bert appears, it provides the first moment of relief, as he seems genuine, reasonable and willing to help Charlie navigate an amicable divorce.
Soon thereafter, the parties and attorneys sit down and attempt to negotiate a settlement. The meeting takes place at Nora’s office, in a large conference room with a beautiful view. The comparison to Bert’s office, which is smaller and dated, clearly causes insecurities in Charlie, who begins doubting Bert’s ability. As the meeting goes on, the vast differences in the attorneys’ approaches only serves to deepen these insecurities and by the next scene we see that Bert is no longer Charlie’s attorney.
Nicole and Charlie now sit only feet away as their attorneys sling accusations back and forth. Charlie has gone back to Jay, despite his initial feelings, because he feels it’s the only way to put up a “fair fight” against Nora and Nicole. The accusations cause flashbacks to the moment when Nicole commented that perhaps she had too much wine and the instance when Charlie showed up late for a visit without first securing the carseat. Once benign, now that litigation has begun, they become examples of each party’s poor parenting skills. Despite Nicole and Charlie knowing they each love and care for Henry, it does not stop their attorneys from mischaracterizing these incidents and using them for their client’s gain. Despite knowing Nicole and Charlie never desired to fight over assets, Nora uses personal compliments Charlie has made to Nicole as evidence that she is entitled to his theater grant.
Finally, we come to see that the divorce has been finalized. Nicole hosts a small celebratory gathering and Nora is present. While the dust has seemed to settle, we come to find that Nora has taken one last unnecessary and unrequested stab at Charlie, by forcing the custody arrangement to be 55/45, instead of the 50/50 that had always been discussed. It is in that moment Nicole realizes she’s been duped.
The most poignant take away from “Marriage Story” is the importance of choosing the right attorney. We can see that by Nicole selecting Nora, it creates a momentum she never wanted. It even dictates the attorney Charlie eventually hires. In selecting your own attorney, don’t be impressed by fancy office space and high hourly rates. While they may show high earnings, they don’t automatically correlate with skill level. There are plenty of attorneys who are skilled in over-billing and antics, which only leads to higher costs and the same results. Instead, focus on an attorney’s ability to provide you with realistic insight. The right attorney will not tell you everything you want to hear, but will explain the way your state’s laws apply to your specific circumstances. A matrimonial attorney’s job is, in fact, to find the shortest distance between point A and point B and to do so at the best value for their client. Those attorneys exist, their name is Bert.
For more information please contact Danielle Montalto-Bly, Esq.