Litigious divorce settled through effective negotiations

Client, a stay at home mother to three children throughout the course of a 24 year marriage, living in Methuen MA petitioned for divorce. She was unsure of her rights but she knew that her Husband was unwilling to provide alimony and also refused to agree to an equitable division of the marital assets, including his retirement accounts. All three children were emancipated at the time of the divorce. In our initial consultation, client explained that she did not want to prolong the divorce process and wished to settle the matter as expeditiously as possible even if a fast and prompt resolution of the divorce meant that she would not receive alimony. We educated her on the law and informed of her rights under MGL c208 § 34 which defines divorce law in Massachusetts.

RESULT: After numerous proposals and negotiations with husband’s attorney the case was settled under the following terms: Client/Wife received half of all marital assets including her share of the marital home, Husband’s retirement accounts, and parties’ vacation home. Wife also received an appropriate alimony order. Case was settled as promptly as client desired and without her waiving any legal rights that she was otherwise legally entitled.

Successful divorce mediation for couple previously unable to come to terms

One of the most important benefits of divorce mediation is that the process enables couples to retain control over the terms and outcome of their entire divorce. Otherwise, after a lengthy trial a Judge decides the outcome of the divorce.

After explaining this key benefit of the mediation process to our Clients, they were extremely eager to begin the Divorce Mediation process and hopeful that they would be able to work through all of their disputed issues, including custody, child support, and division of the marital home.

RESULT: Clients completed 4 mediation sessions. With the help of Mediator’s suggestions and sample scenarios, along with insight on the relevant Massachusetts case law and statutes, Clients were able to resolve all of their contested issues, including custody, satisfactory Parenting Plan for both parties, and equitable division of all marital assets and liabilities. The mediation process was complete within eight weeks of fist session, and all necessary paperwork was drafted and filed with the Court accordingly. Couple’s Divorce was subsequently approved without delay.

Divorce with alimony buy-out

Husband, our client, worked for a software company in the Andover, MA area throughout the course of the entire 22 year marriage. At the time of the filing of Divorce, he earned over $200,000 per year. During the marriage, Wife was for the most part a homemaker and stay-at-home mom to Parties’ four children. At the time of the divorce Wife earned roughly $20,000 per year working as a waitress. With such a disparity in Parties’ income coupled with the length of the marriage, the issue of Alimony was an unquestionable factor in this case. Wife wanted an indefinite alimony order, which in the absence of the parties agreeing otherwise would result as a matter of law.

RESULT:   Parties agreed to a one time alimony buy-out equivalent to less than what Husband would have otherwise been ordered to pay had an indefinite alimony order resulted. Parties agreed to a lesser amount as it was stipulated that there was an immediate benefit received on Wife’s part because she received the buy-out in a lump-sum payment.

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