Areas of Practice

Matrimonial/Divorce/Family Court Law

Matrimonial problems are often highly emotional and traumatic. We empathize with and support every client who walks through our door.

Randy J. Schaal also has experience in matters of custody and child support.

Uncontested Divorces

Matrimonial/Divorce/Family Court Law

What is an uncontested divorce? An uncontested divorce is one in which neither spouse opposes the divorce in any way. These types of divorce usually only deal with division of marital property because other issues have already been settled by formal agreement or court orders. An uncontested divorce can occur in a variety of ways. Either parties can have a formal written agreement covering all issues, or there may be court orders already in existence from family court dealing with most of the issues. The parties can then agree to such things as division of the marital property. Uncontested divorces can be handled in an economical manner, as many of the issues have already been resolved. We do offer a free initial consultation.

Contested Divorces

What is a contested divorce? A contested divorce is one which is contested and the parties cannot come to an agreement in regards to spousal assets, child custody, or maintenance. We do offer a free initial consultation.

Collaborative Lawyer

Abraham Lincoln once said "Discourage litigation. Persuade neighbors to compromise whenever you can. Point out how the nominal winner is often the real loser in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of becoming a good man."

As a collaborative lawyer and a settlement advocate, I help couples divorce intelligently and creatively, considerate of one another and their children.

Process of Collaborative Law

Collaborative law provides clients with a cooperative and respectful way to navigate separation or divorce. It also allows for the negotiation of child custody and support agreements, as well as domestic partnership or prenuptial agreements. The key element of collaborative law is that the negotiations take place in four-way meetings where both parties and their attorneys are present. All four sign a participation agreement which commits everyone to working together in good faith, to reach a durable, acceptable agreement. Clients are encouraged to consider their short and long-term goals. The latter often includes their wish to co-parent successfully in their children's lives together. In a traditional law model, these are not considered to be legal issues, but they are very important to our clients. All parties agree to full and complete disclosure — we use neutral, jointly retained experts as needed.

The hallmark of the process is commitment to work towards a negotiated settlement rather than resort to litigation. Each party retains the right to withdraw from the collaborative law process and litigate. If they do so, both parties' attorneys are disqualified and the parties proceed to litigation with new attorneys. This feature ensures a cooperative, confidential, negotiating environment, where neither party uses litigation as a threat, and the attorneys are committed to helping the clients reach an agreement. Collaborative law is not for all clients or all attorneys, however, the clients who choose this process benefit from a potentially faster and less expensive process than litigation. In addition, the chances of successful co-parenting and a civil relationship between former spouses or partners are greatly increased.

Benefits of Collaborative Law

Collaborative Law focuses on all involved parties reaching a mutually acceptable resolution of the issues. The process results in valuable benefits for the client, former spouses and their children, friends, and extended families.

When you choose lawyers to help you through a separation or divorce, we focus on reaching a mutually acceptable resolution of all issues. The collaborative process creates a cooperative environment where communication opens, where both spouses can envision the results and obtain the best results for their families. If you are parents, we focus on parenting philosophies and the kind of young adults you would like your children to grow up to be. With a positive restructuring of your family mind, the next step taken is to gather all the information both spouses need to make good and informed decisions. The collaborative professionals provide a setting where you can work with one another to create the best possible life for your children and yourselves. The collaborative process builds what feels like a team advocating for a positive future instead of two opposing sides arming for an adversarial battle. Your lawyer supports you, and your spouse's lawyer supports your spouse.

If an expert opinion is needed, a coach, child's specialist, or financial specialist would help, you and your spouse can jointly hire one independent professional, shortening the time to have information necessary to reach a decision and reducing the overall expense.

Once both of you have all the information you need to make sound and reasonable decisions, the collaborative attorneys work with you to shape the agreements together. If the decisions have to do with parenting issues, working together reduces the parental conflict the adversarial system can generate; this can help protect children from having their loyalties divided.

In the collaborative process, you can schedule meetings without waiting for court dates. You generally spend less time, and as a result less money, to reach closure.

The family issues stay within the collaborative setting, giving everyone more privacy, greater confidentiality, and less stress during an already stressful time.

Because both of you are represented by attorneys, the separation agreement and judgment roll documents can be prepared by the same attorneys involved in the settlement process.

All negotiations take place in four-way conferences between the parties and their attorneys. Each client has built in legal advice and advocacy during negotiations, and each attorney is committed to guiding the client(s) toward reasonable resolutions. The attorneys cannot threaten to go to court. Settlement is the only agenda and all involved rely upon an atmosphere of cooperation and professionalism.

More information on collaborative law is available at online resources.

International Academy of Collaborative Professional

The Collaborative Law Institute

The Mohawk Valley Associate of Collaborative Law Professionals, Inc.

*Attorney advertising prior results does not guarantee a similar outcome.

Vehicle and Traffic Law/DWI/Criminal Law

Randy J. Schaal has been in practice for over 30 years. He was an Assistant District Attorney for nine years and is a former Associate City Judge. He has the expertise and the concern it takes to represent clients fully.

Convictions of a DWI or other criminal, misdemeanor, or felony can carry detrimental impacts to insurance rates and employment. Randy makes the commitment it takes to stay abreast of changes in the law.

Vehicle and traffic tickets can not only affect your right to have a license, but also insurance rates (and in some cases employment). Randy makes the commitment to handle traffic tickets in the most cost-effective way.

Almost all of the Vehicle and Traffic Law violations handled throughout his career have resulted in significant reductions and, in some instances, dismissal of charges against his clients. Randy J. Schaal handles all types of traffic tickets in courts throughout Upstate New York, including, but not limited to, the following:

• Speeding

• Stop Signs

• Red Lights

• Failure to Signal

• Improper Turn

• No Seat Belt

• Cell Phone Violation

• No Insurance

• Unlicensed Operation

• APG Unlicensed Operation

• Suspended Registration

Fact: Use of a cell phone is a six point violation and can carry a suspension. I will handle

your case with personal care and attention.

Schedule a Consultation

Call us today to schedule a free initial consultation. Whether you need help with a real estate transaction or are facing a legal dispute, we are here to help.

Real Estate/Land Use/Zoning

Randy J. Schaal handles both residential and commercial real estate transactions, including land use zoning and creation of townhouse associations (which require New York State approval).

Randy has over 30 years of experience in real estate involving representing buyers, developers, and sellers in the following areas:

• Closings - Residential and Commercial

• Contract Negotiations

• Leases

• Landlord/Tenant Matters

• Mortgage Loan Agreements

• Title Examinations

•Approvals - Representation in obtaining local, country and when necessary state approval. Includes representation to get State Attorney General approval for HOA Townhouse Associations

Estate Planning

Powers of Attorney and Health Care Proxies are important to have in place. Without those documents, if you become incapacitated, your family needs to go to court; the stress and cost to your family can be averted by having some in place.

Wills can have trust provisions for minor and special needs children. A trust can end when you decide. Thus, if 18 is too young for your child to have the final say (which is what the state law age is on emancipation) on spending the trust, you can end it when your child reaches 22, 25, or 30, depending on your wishes.

Having a will in place allows your wishes to be controlling.

Experienced to Handle Your Affairs Your Way!

Wills, Power of Attorney, Health Care Proxies, Probation or Administration of Estate

Probate or administration of estates are handled in the most cost-effective approach.

A Last Will and Testament is a written document that expresses your wishes regarding distribution of assets. In order to be valid, a will must be properly written, signed, and witnessed or it is invalid.

In addition, your Last Will and Testament can cover your wishes as parents of minor children or children with needs. Wills establish trusts and guardians of your minor children. Trusts for children end at an age or date you set.

Wills can be used to transfer specific assets, and you choose who your executor or executrix will be.

*Attorney advertising prior results does not guarantee a similar outcome.

ALWAYS HANDLED WITH CARE AND UNDERSTANDING.