An Amicable End to Marriage

There are options available for couples who wish to bring an amicable end to their marriage.. Two of these processes, which aim to dissolve a marriage through teamwork and mutual respect, are collaborative divorce and mediation. For a couple looking for alternatives to litigation, each has its own pros and cons.

Collaborative divorce originated in the Midwest in the 1990s. In just thirty years, however, it has become a recognized method in the United States, the United Kingdom, and throughout the British Commonwealth. In a collaborative divorce, attorneys for each partner meet to discuss custody issues, alimony, and asset division. The “collaboration” between the attorneys, each working in the best interest of  their respective client, is intended to produce a divorce settlement that both parties can agree on and benefit from. [Read more…]

What are the benefits of choosing mediation over litigation in a divorce?

When most of us think of divorce, we think of custody battles, endless legal filings, and costly court proceedings. The whole process of divorce can seem more daunting, and perhaps even more painful, than the emotional aspects of a marriage’s dissolution.

But what if there was another way? Another, more humane, more gentle, less expensive way?

There is: mediation.

Not every divorce is contested. If both parties agree that the marriage should end, it is a much simpler process than when one seeks to prevent the divorce, or when it is necessary to assign fault to one partner or another. What remains for the spouses is to agree on the division of property, alimony allocation, and child custody arrangements. [Read more…]

My soon-to-be-ex-spouse is a bad influence on our children.

How can I get full custody of my children?

A judge will be unlikely to respond to the argument “My ex is a bad influence” or “My ex doesn’t know what is best for the children.” Judges hear these arguments all day, every day, during acrimonious divorce proceedings. What a parent needs to prove the former partner is not a fit parent is plenty of evidence.

The aim of divorce courts in deciding custody arrangements is to further the best interest of the child or children. For young children, this might mean keeping them with their primary caregiver. Otherwise, the court looks for a parent’s involvement with children, ability to provide financially, and ability to provide a stable environment for children. The more involved you are with your children, and the more ‘upstanding’ you are as a citizen, the more likely you are to receive at least some custody.

Importantly, courts will also consider the circumstances of the divorce. Massachusetts allows for both no-fault (no grounds) and at-fault (on grounds) divorces. The grounds for divorce in Massachusetts include, among others, adultery, total abandonment of a spouse, cruel and abusive behavior, and criminal conviction with a sentence of five years or more.

If you have evidence of disturbing patterns of behavior towards yourself and/or your children at the hands of your (soon-to-be) ex-spouse, this could form the grounds for an at-fault divorce or for you to receive primary custody.

Whatever the circumstances, if you are considering divorce, or are currently undergoing a divorce without a lawyer, call our office to discuss your options.

Divorce Mediation- An Effective Way To Move Forward

Mediation is a popular option for couples in Massachusetts when they have decided to divorce.

A couple who has agreed that their marriage has reached a point of “irretrievable breakdown” according to Massachusetts General Law Chapter 208, due to no particular fault of either party, may want to seriously consider mediation. This is a “no fault” divorce in Massachusetts. A contested divorce is expensive, costing thousands of dollars. Mediation is often more affordable and takes less time than a contested, litigated divorce.

Sitting down with a trained and experienced mediator, often an attorney, provides the divorcing couple an opportunity to develop a fair and equitable memorandum of understanding covering all of the requirements of ending their marriage contract and dividing their assets. Mediators are able to help agreeable couples through simple or complex financial situations including child support and child custody agreements. [Read more…]

Email Us
close slider

Get A Case Evaluation

We are happy to provide a consultation to all first time clients.
Please complete the form below and we will contact you.