Must Reads for Divorcing Couples by Susan Lillis, Attorney at Law

My colleague, Susan Lillis from Ipswich, has compiled an invaluable list of “readings” in response to often asked questions. Please take the time to check out her fine work. Her office is located

Ipswich River Place
4 South Main St., Suite 9,
Ipswich, MA 01938

 
article-0-05707195000005DC-856_468x309It’s been said that nothing can prepare you for divorce. Emotionally that can be true. From a practical standpoint, you can prepare yourself for the type of divorce you want and what you might expect after making that choice. That’s why in addition to filling out questionnaires, I send my prospective clients to my blog before meeting with them.While I try to make all articles on the blog relevant for divorcing couples, some offer that “what to expect” element better than others. Those articles are as follows:Is there a type of person who shouldn’t use collaborative divorce or divorce mediation? – The title is self-explanatory. There are certain personality types for whom collaborative divorce or mediation are not the right options. This article reinforces the expectations for when you take part in either collaborative divorce or divorce mediation.Read the articleSetting the boundaries for a smooth divorce – Again, this article is of the “what you can expect” variety. It also highlights some of the ways you can avoid negotiations from becoming contentious.Read the article

A guaranteed way to reduce your lawyer bill – In a divorce, time is money. Specifically, your attorney’s time is money. Divorces where parties do not have all their financial statements and other paperwork prepared will typically result in more hours for the attorney, resulting in a larger legal bill.

Read the article

5 common missteps in mediation – Perhaps the first paragraph of this article says it best, “In mediation, there’s an overall assumption that both parties are reasonable and are willing to work together to reach an agreement. In addition, it is not uncommon for at least one of the spouses to be anxious to get through the mediation in order to put the divorce behind him or her. This can sometimes lead spouses to assume that some that details of the mediation agreement do not require a high level of attention, or that if something important comes up later they will be able to discuss it with their ex spouse and come to a reasonable arrangement. Unfortunately, these assumptions can lead to the more common missteps in a divorce mediation.”

Read the article

Life and death divorce matters – Life insurance for your spouse is an important matter in a marriage. It becomes just as important in a divorce. Particularly when there is child support and spousal support or alimony involved. This article takes an in-depth look at an often overlooked part of any divorce.

Read the article

 

Must Reads for Divorcing Couples

“Who does court trials anymore?”

By Anthony C. Adamopoulos (© 2015)

So the city-attorney and the country-attorney were talking when the country-attorney raised concerns about her upcoming divorce trial:

Country-attorney: – I hope we get the scheduled judge, I hope it goes off as scheduled, etc., etc.
City-attorney: -Who does court trials anymore?
Country-attorney: What do you mean? What do you do?
City-attorney: It is all arbitration now.
Country-attorney: – Why?
City-attorney: – It is all about control? The other side and I may disagree on many issues but we agree that we want to have the control over who decides the issues, when and where the hearing will be and when the decision will be made.

 Here is a lay person’s explanation as to why arbitration may well give the parties, and their attorneys, more control of resolution of their divorce issues.

Divorce Resolution by court trial.

Understanding certain characteristics of a court trial is important. (The following is based on the Massachusetts divorce court trial process. There are exceptions, but generally, the following will apply.)

The trial judge.

The trial judge is randomly assigned to a case when it is filed (probably about a year or two before any trial is scheduled). However, the judge scheduled to hear a trial may not do so for a variety of reasons including: illness, presiding over another trial, retirement or transfer.

The judge assigned to a case may have no judicial experience with the primary issue in the trial. For example, a corporate valuation issue or what is in the best of interest of a severely handicapped child.

The trial date.

A trial date is the expected date that the trial will start; and perhaps finish. Whether it will start is dependent on several factors. For example, “over booking”; this occurs because many cases scheduled for trial settle just prior to the trial. But, if all “assigned for trial” parties actually come to court for a trial then some cases will not begin.

A public trial.

The trial will be open to the public, including the press.

The Rules of Evidence.

Everything that is offered to the judge for consideration is offered under a set of rules called the Rules of Evidence. The Rules regulate how and what the judge sees and hears. For example, the Rules keep out of consideration photocopies instead of originals and affidavits instead of in person testimony. The Rules of Evidence result in costs that do not have to be incurred in arbitration.

The right to appeal.

After every divorce trial, either party has the right to appeal the trial judge’s decision. An appealing party may not win an appeal but the right to try is a part of every trial.

Divorce Resolution by arbitration.

The arbitrator.

The parties hand pick their arbitrator (or a panel of three or more arbitrators) based on ability, expertise and availability. For example, the parties may select an arbitrator with experience in corporate valuation or the needs of a severely handicapped child.

The hearing date.

The parties select the hearing date.

Confidential hearing.

The arbitration hearing is private and confidential.

Everything offered may be considered.

Generally, any party may offer for consideration evidence in any form.

Appeal.

With very specific exceptions to protect the integrity of the arbitration process, an arbitration decision (called an award) is final and binding.

Why have a court trial when arbitration…

provides privacy, expertise, efficiency and finality – sooner rather than later.