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.

By meeting with a divorce mediator, such as one of our experienced family law attorneys, couples can work out the terms of their divorce face-to-face. The mediation process can save divorcing couples time, money, and heartache.

Once an agreement is reached by both parties, an attorney can help with filing a petition for divorce with the courts. The court will then review the property distribution agreement signed by the divorcing parties. Once approved by the court, the divorce will be final. The whole process from petition to grant of divorce could be only a month, as opposed to a months-long legal battle.

If you believe that divorce mediation is right for you, call our office today to arrange a consultation.

What is a ‘gray divorce’ and how is it different from the typical divorce?

A ‘gray divorce’ refers to a split that happens between an older husband and wife, often after many years of marriage. The ‘gray’ in ‘gray divorce’ refers to the color of the divorcing couple’s hair. With more and more couples over fifty, or even over sixty-five, choosing to part ways, the phenomenon has also earned the names of ‘silver splitter’ and ‘diamond divorces.’ While it might be unsettling to think that forty years of marriage is no guarantee for many more, it is necessary to think about the particular issues that arise when senior citizens divorce.

Contrary to what the media would have you believe, gray divorces do not typically come about as part of a man’s midlife crisis. Rather, they are an outgrowth of advancements in medicine and changes in society. With people living longer than ever before, it is getting harder to “grin and bear it” in a lackluster marriage, and people are less tied to ideas of how senior citizens “should” spend their retirement.

With children grown and living on their own, gray divorces do not involve acrimonious custody disputes. However, for well-established couples, there will be extra concern for the division of property and alimony awards. With couples approaching retirement, or already retired, issues of income and savings are critical to both parties’ well-being.

If you or someone you love are involved in a ‘gray divorce’ situation, call our office today to speak with skilled family law attorneys about the best course of action.

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.

Ways to Discover Hidden Assets During a Divorce

Despite complications to the marriage, most people enter the divorce process believing their soon to be ex-spouse is an honest person. However, this is not always the situation. The fact is, dishonesty is a common reason for seeking a divorce. Regardless, even if you have no reason to suspect your former partner is a liar, there is still good cause to be curious and concerned about their finances heading into a divorce.

Once a divorce begins, many people will do whatever it takes to conceal and hold on to what they believe is their money. Moreover, some will even create secret accounts, or perform other financial actions, during the course of the whole marriage. Discovering these hidden assets, during a divorce, is the only way to ensure you receive a fair settlement.

You should never rely entirely on your spouse’s financial affidavit. The good news is an experienced divorce attorney has many tools at their disposal often including a forensic accountant or other investigators and can uncover most everything during the discovery process. [Read more…]

Child Custody Laws in Massachusetts – What You Need To Know.

Divorce is described as one of the most stressful events in a person’s life. Add children to the mix, coupled with questions of custody, support, and visitation, and emotions and stress can reach a breaking point. Wading through this difficult time calls for the help of a professional such as a divorce & family law attorney who also understands laws specific to Massachusetts.

Before you meet with an attorney, here are few pieces of information about child custody in Massachusetts that you’ll need to know in order to develop questions pertaining to your situation.

Two primary forms of child custody in Massachusetts

Physical custody determines where a child will live during certain periods of time.

Legal custody determines which parent has authority to make major decisions as in the doctor the child sees, the school the child attends, and even in which faith to raise the child. [Read more…]

The Best Interests of the Child in a Divorce

When you’re going through the divorce process and managing the child support and custody issues, you’ll hear the term “best interests of the child.” Generally, the court will consider the new family lifestyle after a divorce and where the court feels the child will best be able to adapt to the new changes. It is possible for you and your spouse to ease into your new family dynamic in order to make the transition easier on your child.

Amicable Relationship

In order for you and your spouse to best help your child through the divorce process, they should maintain an amicable relationship. While that may not be easy, especially at first, this is beneficial in helping your child’s transition into this new way of life. It’s best to avoid contentious debates about visitation, child support, visitation and other child-rearing issues. [Read more…]

What Can Be Modified in a Divorce Agreement

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you need to consult with an experienced divorce attorney.

The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change, a significant change of residence, or change in income. These changes can affect custody agreements and spousal and child support.

When drafting a separation agreement, there are two types of provisions addressed in the agreement: surviving and merging. Merging provisions are open to modification. Merging provisions are generally child specific issues like custody arrangements, support, and health insurance. Sometimes alimony can be a merging provision. Surviving provisions are generally not open to modification. An example of surviving provision is the division of property. [Read more…]

Divorce and The Length of Your Marriage

When considering divorce, there are many things to consider like property division, child custody, alimony and more, but one important consideration that many couples overlook is the date. In Massachusetts the amount of time you were married might matter in a variety of ways. Here are just a few examples:

Dividing Assets

Figuring out exactly when a marriage is over can be complicated as some states look at the date of separation, but Massachusetts courts generally refer to the date of divorce. Assets acquired during the marriage through the date of divorce are joint property, so a bonus one spouse receives at a job might be divisible between both parties if it was earned before the date of divorce. [Read more…]

Divorce in Massachusetts: How to Get Started

Deciding to end a marriage is a difficult and stressful decision. But, the decision is only the first step in ending a marriage. Once you have decided that divorce is best for you and your spouse, the next step is finding an attorney. A law firm well-versed in Massachusetts law pertaining to divorce can help make the dissolution of your marriage as painless and smooth as possible.

When you begin looking for representation, it is important that you understand exactly what your needs are to choose an attorney best-suited for your situation. Below are a few basic things you should look for in a divorce attorney. [Read more…]

The Massachusetts Divorce Process

No one enters a marriage with the idea that it is going to end in divorce. However, for many couples a divorce is the only solution for an unhappy situation.

If you’re considering filing for divorce in Massachusetts, make sure you understand the two types of dissolutions available to you.

Uncontested Massachusetts Divorce

In an uncontested divorce (sometimes referred to as 1A) you and your spouse file a joint petition for divorce along with a separation agreement.

The separation agreement, usually drafted with the assistance of an attorney, reviews the equitable division of property, assets, debt, businesses, and inheritances, and clarifies issues surrounding child custody and support.

Additionally, where there are minor children involved, the parents must attend a parenting class.

The court may request other documents as well. These may include a financial statement, the marriage certificate, and written statements about the reason for dissolution. [Read more…]