Divorce Arbitration is the Way to Go! So……

A decision of our Appeals Court, Gravlin v. Gravlin, is helpful for those facing divorce.

For collaborative divorce attorneys and divorce mediators, the decision confirms that arbitration is the viable alternative to court litigation for resolving a single issue or even taking the place of a full court trial.

In Gravlin, the Appeals Court acknowledged “… arbitration has long been recognized as a valid means of resolving disputes between divorcing parties.” This Blog has often praised the value of arbitration as an alternative to divorce litigation; with Gravlin, the Appeals Court stamped an imprimatur of sorts on divorce arbitration.

While arbitration is available to replace a public court trial, it is also available if collaboration or mediation reaches a deadlock (a stalemate on one or two remaining issues); then, it is time for divorce arbitration.

When parties follow a simple process, the Appeals Court promises a “… strict standard of review [that] is high[ly] deferential…” to an arbitration award.

What does the simple process involve? The simple process requires that:

  • Respective counsel advise each party.
  • Parties freely enter an Agreement to Arbitrate.
  • Parties knowingly waive a court trial and submit to arbitration.

If there is any trial court review of an arbitration award, the review will be limited to determining:

  • The arbitrator’s award was confined to what he/she was asked to decide;
  • The award did not give relief that is prohibited by law;
  • The award is not based on fraud, arbitrary conduct, or procedural irregularity in the hearing.

(In my experience, the selection of an experienced, knowledgeable arbitrator will result in a positive review and enforcement of the award.)

For collaborative attorneys and mediators, Gravlin is another reason to recommend arbitration for settlement stalemate.

For parties facing divorce or divorce stalemate, arbitration is an alternative to a costly, lengthy and publicly litigated trial.

*Anthony is a divorce arbitrator, collaborative attorney and divorce mediator. His office is in Salem.

© 2016 Anthony C. Adamopoulos

 

Supreme Judicial Court Says Wife Does Not Get More Alimony Just Because Husband’s Income Goes Up

By:  Attorney Anthony C. Adamopoulos, Divorce Mediator, Arbitrator and Collaborative Law practitioner. ©2017

In a September 25th decision, the Supreme Judicial Court (SJC) affirmed an often misunderstood legal tenet i.e., just because the alimony paying ex-spouse starts making more money, the receiving ex-spouse does not automatically get an increase in alimony.

In the year before he filed for divorce, the husband earned over seven million dollars a year. The couple lived a lavish lifestyle where they spent “tens of thousands of dollars on articles of clothing and handbags“. The trial judge found, at trial that the husband’s income was “on an upward trajectory” and that during the marriage the couple’s expenses had increased as the husband’s income increased.

After trial, the judge ruled that since the husband’s income was “on an upward trajectory”, the wife could only maintain her standard of living “consistent with the marital lifestyle …” by giving the wife 33% of his future gross income. The wife then, was to share in the husband’s future income – the more for him; the more for her.

The SJC overturned the judge’s Judgment and found that

the most the husband should pay, if he has the ability to pay, is “the amount required to enable …[the wife] to maintain the standard of living she had at the time of the separation leading to the divorce, not the amount required to enable her to maintain the standard of living she would have had in the future if the couple had not divorced.”

          Simply put, where the high income couple facing divorce can maintain the lifestyle they had during the last days of the marriage on the husband’s income, the husband will not be ordered to pay more alimony than what the wife needs to maintain her lifestyle at the time of separation. (Want to read the case for yourself? Go to: http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/12240.pdf ).

Why Collaborative Divorce? – Answered In One Picture.

 

February is Divorce Month in Massachusetts because there are so many divorces filed that month. So, it is safe to assume that people are right now considering what process to use, that is – Adversarial, Mediation or Collaborative. Elsewhere in DivorcingOptions.com you can read about these three processes in detail.

But, sometimes a picture says it all…

Divorce Approaches Diagram

View PDF version

If your considering divorce, now is the time to talk with someone who knows what he is talking about. And, he is talking about calling a truce to the war and getting a peace settlement. Call Anthony.

 

You may reprint or distribute this chart on your website so long as the copyright and contact information for Anthony C. Adamopoulos’ Divorce Resolution Services remains attached to the bottom of the image.

Copyright ©, 2014 Anthony C. Adamopoulos’ Divorce Resolution Services, DivorcingOptions.com. All rights reserved.