AN IMPORTANT ANNOUNCEMENT FROM NORTH SHORE COLLABORATIVE DIVORCE ABOUT ITS NEXT WORKSHOP

Chart Your Course to a Better Divorce – What You Need to Know

If you are contemplating divorce or already knee-deep in the process, this 2.5 hour educational workshop is for you. Chances are, you are overwhelmed and can’t seem to find the right answers to your specific questions about the divorce process. Your friends tell you one thing and your family tells you another. But the only way to get through one of the most difficult events of your life is to be empowered with the information you need to make informed decisions.

Who gets the house? Will I get child support and alimony? How does the new tax law impact alimony in 2019? Am I entitled to half of my spouse’s retirement even though I never worked? Can a pension be divided? Am I going to be financially okay after the divorce?

You have so many questions and we have all the answers. Our workshop will focus on the legal, emotional and financial issues commonly encountered in the divorce process. Our Family Law attorneys discuss your options with regards to which process you should choose – litigation, collaborative or mediation, as well as explaining the law when it comes to support issues like child support, family support and alimony.

Our experienced Divorce Coaches discuss the emotional roadblocks you will experience and offer ways on how to handle them. Family issues like how to tell the children or how to continue relationships with grandparents and in-laws are also addressed.

Our Divorce Financial Experts discuss the different types of assets commonly divided in divorce along with the potential pitfalls and tax issues that can arise. What are your options with the marital home – do you keep, sell or buyout? We’ll lay it all out for you!

Why do we do this workshop? Because we are a group of divorce professionals who strongly believe that when people are educated and informed about their specific situations, they are better prepared to make the important decisions that are best for them and their family.

We are North Shore Collaborative Divorce. Please visit our website: Northshorecollaborativedivorce.com.

The only way to empower yourself with accurate information is to hear it directly from the experts – those divorce professionals who focus solely on working with divorcing spouses.

AT DANVERS’ PEABODY INSTITUTE LIBRARY

(15 Sylvan Street, Danvers, MA 01923)

Saturday, January 12, 2019 

10:00 a.m. to 12:30 p.m.

This Workshop is FREE!

 

If We Agree on Everything, How Long Does it Take to Get Through Divorce Mediation?

By Anthony C. Adamopoulos, Divorce Mediator, Arbitrator and Collaborative Lawyer

 

Not very long at all.

Here is the process:

  1. Make an appointment for you and your spouse through my office. You can usually get an appointment within a week.

At the first session, about two hours, I will learn what agreements, you and your spouse have come to on the children, on support and on how the property will be divided. Assuming the financial statement, you were asked to bring with you, is in order, I then go to the next step.

  1. I will then prepare a draft Separation Agreement based upon what you and your spouse agreed to at our first meeting. The turn-around time for this is about a week.
  2. You review the Separation Agreement draft which I will send to you. You decide how long to review it.
  3. We then then talk on the phone or via email about any changes you want. This shouldn’t take more than a day or two to schedule.
  4. If necessary, I revise the draft Separation Agreement. (This takes about 30 minutes.)
  5. We then meet to answer any questions about the Separation Agreement; and, if you and your spouse are ready, you sign the Agreement. This is usually a one-hour meeting.

In short, after two meetings you can have a Separation Agreement that is ready to bring to court for a judge’s review.

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

©2018 Anthony C. Adamopoulos

FACING DIVORCE AND CANNOT AFFORD A DIVORCE LAWYER…

…USE LARLIMITED ASSISTANCE REPRESENTATION

LAR lets you hire a specially trained and qualified LAR attorney to help with some of what you must do if you represent yourself, pro se.

You Can Hire an LAR lawyer:

  • to go to court with you just one time, or as many times as you want;
  • to write an Answer, Motion or Pre-Trial Conference Memo;
  • to explain things you do not understand;
  • to help you prepare your Financial Statement.

LAR lets you buy from an LAR lawyer simple fill in the blank forms:

  • Motions for Child Support
  • Motions for Child Custody
  • Answers to Complaints
  • Many More

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES

  FULL LAR SERVICES

(978) 744-9591

ACABOSTON@AOL.COM

©2018 Anthony C. Adamopoulos

What is the Difference Between Divorce Mediation and Collaborative Divorce?

By Anthony C. Adamopoulos, Divorce Mediator, Arbitrator and Certified Collaborative Lawyer

MEDIATION is an independent, voluntary, confidential process conducted by a mediator, who is neutral. Attorneys are not required. The mediator will:

  • Assist you and your spouse in identifying those issues preventing settlement.
  • Explore various avenues to resolution.
  • Develop a settlement resolution acceptable to you and your spouse.
  • Will prepare a Separation Agreement for presentation to the Court. (Only mediators who are attorneys may draft Separation Agreements.)

The two of you will select the mediator. The mediator’s fees will usually be split between the two of you, however, the two of you may agree to a different responsibility for the fee.

The major benefits of Mediation are:

  • The mediation is private.
  • The mediator will provide all the time you and your spouse need to work on a resolution.
  • Experienced mediators have settlement rates of between 85% and 97%.
  • An attorney need not be present at mediation sessions.

In COLLABORATIVE DIVORCE, you, your spouse, your Collaborative lawyers and Coaches make up the Collaborative Team. The Team has one goal, the quick and efficient resolution of all issues without trial litigation.

Coaches make your divorce process efficient and usually less expensive. The most common Coaches are the Facilitator and the Financial Neutral. The Facilitator expedites the process by helping you and your spouse identify term goals and overcome inter-personal roadblocks. The Financial Neutral expedites the process by analyzing the financial needs of your family, identifying tax provisions related to those needs and creating realistic plans to preserve family income and property. Coach hourly fees are often much lower than attorney hourly fees.

In Collaborative Divorce, attorneys are specially trained and certified.

Your Professional Collaborative Team will:

  • Identify issues regarding the children, support and property division that are preventing resolution.
  • Divide primary responsibility for resolving those issues. For example, issues dealing with the children will be addressed primarily by the Facilitator Coach; issues about the amount of support needed will be addressed by the Financial Coach.
  • Have the required Separation Agreement, Petition for Divorce and Affidavit prepared, executed and filed.
  • Have your attorneys accompany you to the Probate and Family Court for your divorce hearing before a Judge.

The major benefits of Collaborative Divorce are:

  • From beginning to end, you are with and “supported” by a team dedicated to getting you and your spouse divorced quickly and efficiently.
  • All issues are dealt with and resolved in confidential sessions.
  • Your attorneys handle all the administrative court matters to get your divorce papers filed, docketed and scheduled for a hearing.
  • At your divorce hearing your attorneys will respond to questions of the judge, thereby avoiding rescheduling of the hearing because you did not have an attorney to correctly answer questions.

©2018 Anthony C. Adamopoulos

A Divorce Workshop for Those Facing Divorce

NORTH SHORE COLLABORATIVE DIVORCE

PRESENTS

Learn What you Need to Know –

A Divorce Workshop for Those Facing Divorce

 

Getting Divorced? A workshop for those facing divorce. Learn about the legal, financial, family and personal issues that accompany the divorce process.

  • How do I get divorced and where do I start?
  • Is Mediation better and less expensive than Litigation?
  • Is Collaborative Divorce better than Mediation and Litigation?
  • Will I get or have to pay Child Support and Alimony?
  • What are Marital Assets and how are they split? What about an Inheritance?
  • Will our children be okay? How do we tell them?

Our experienced, volunteer Family Law Attorneys, Divorce Coaches and Divorce Financial Analyst will provide the information you need to empower you through the divorce process.

YOU HAVE OPTIONS – COME, LEARN WHAT THEY ARE

Saturday, September 15th, 10:00am to 12:30pm

Danvers Library (Peabody Institute Library)

15 Sylan Street, Danvers, MA

This workshop is complimentary

RSVP: 978-744-9591/ ACABOSTON@AOL.COM

STUCK IN DIVORCE COURT? HERE IS YOUR LAST CHANCE TO CUT COSTS AND AGGRAVATION!

Are you in divorce litigation?

Are you having second thoughts – time standards, discovery cost, no trial in sight? Enough!

You have complained to your attorney and your attorney reports that your spouse’s attorney has heard the same complaints from your spouse.  Your attorney suggests mediation or conciliation.

What is the difference between Divorce Mediation and Divorce Conciliation?

Mediation is an independent, voluntary, confidential process conducted by a mediator, who is neutral. The mediator will:

  • Assist you and your spouse in identifying and discussing those issues keeping the two of you from settlement.
  • Explore with you and your spouse various avenues to resolution.
  • Develop a settlement acceptable to you and your spouse.

The two of you will select the mediator. The mediator’s fees will be split between the two of you or paid as the two of you agree.

The major benefits to Mediation are:

  • The mediation is private. There is no report to the Judge.
  • The mediator will provide all the time you and your spouse need to work on a resolution.
  • Experienced mediators have settlement rates of between 85% and 97%.
  • If the mediation is in the 3-15% that fail, you and your spouse may enter a written agreement (stipulation) stating that all that was agreed to in the mediation shall not be litigated at trial.

The major negatives to Mediation are:

  • The Mediator is paid.
  • If the mediation is in the 3-15% that fail, the parties will have to return to the litigation process for the unresolved issues.
  • Since you are in litigation, you must get permission from the judge to “take a time out” for mediation. Your attorney will handle this.

Conciliation is a court related process in which a court appointed neutral (the Conciliator) assists parties to resolve their case by:

  1. Clarifying the issues preventing a settlement; and then
  2. Assessing the strengths and weaknesses of each side’s arguments; and
  3. If the divorce cannot be resolved, then the Conciliator explores the steps which remain to prepare the case for trial.

The Court usually allocates two hours for the Conciliation session. The Conciliator is not paid, but there is an administration fee, currently $50.00 per party.

The major benefits to Conciliation are:

  • The trained Conciliator will assess your “side” and your spouse’s “side”. You will then be able to consider the assessment in planning your next step, e.g., trial or settlement.
  • The Conciliator does not get paid.

The major negatives to Conciliation are:

  • The Conciliation lasts a short time, contrasted to Divorce Mediation.
  • The Conciliator may report her/his assessment to the Judge and any opinion as to whether someone is not acting in good faith.

What should you do?

Statistically, 97% of divorce litigation will settle within days of the trial. That means, even though you and your spouse each paid an enormous amount of money to get ready for trial, it may never happen (97% of the time).

The sensible thing is to avoid more costs now, stop the litigation, and settle your differences in mediation or arbitration.

©2018 Anthony C. Adamopoulos

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

 

DIVORCE WORKSHOP – Take the Next Step and Untie the Knot

knot

Getting Divorced? This half-day workshop on taking the next step toward untying the knot will cover the legal, financial, family and personal issues that are often encountered during the divorce process.

  • How do I get divorced and where do I start?
  • Is Mediation better and less expensive than Litigation?
  • Will I get or have to pay Child Support and Alimony?
  • What are Marital assets and how are they split? What about an Inheritance?
  • Will our children be okay? How do we tell them?

Our experienced, volunteer Family Law Attorneys, Divorce Coach and Divorce Financial Analyst will provide the knowledge and information you need to empower you through the divorce process with confidence and peace of mind.  The more you know, the better the outcome.

YOU HAVE OPTIONS – COME LEARN WHAT THEY ARE

March 11th –  9:00 am – 12:30 pm

The Barn at 10 Liberty Street, Danvers, MA – Exit 22 on 128

Cost $30 – Includes a 36-page Divorce Handbook

Pastries, muffins and coffee will be served
—————————————————————

The Divorce Center is a 501(c)(3) nonprofit organization. Our mission is to make divorce more civilized and less traumatic for everyone involved, especially the children.

For more information and to register, please visit www.TheDivorceCenter.org

My Advice for Divorce Month

By: Anthony C. Adamopoulos, Divorce Arbitrator, Mediator & Collaborative Lawyer

 

Divorce Month is almost here. In 2016, I saw one of the saddest, unnecessary, adversarial divorces ever. The cost in emotions, future harmony and money was enormous and unnecessary.

So again, I urge everyone who is facing divorce to consider seriously staying out of the public adversarial divorce system. It will hurt and it will hurt way into the future.

Staying out of the “system” generally means choosing one of two processes, either confidential mediation or confidential Collaborative Divorce. Take the time to read about these important confidential divorce approaches at The Three Approaches to Divorce.

If the two of you agree on only one thing, let it be that you will use confidential mediation or confidential Collaborative Divorce.

Hand in hand with the right approach is the right lawyer. Not all divorce lawyers are qualified to do divorce mediation or Collaborative Divorce. Mediation requires training and success. Collaborative Attorneys need to be certified. Believe me, this is not the time to go to your third cousin’s friend’s real estate lawyer.

 

For more information about Divorce Mediation and Collaborative Divorce:

The Three Approaches – Graphically

The Massachusetts Collaborative Law Council

The Massachusetts Council on Family Mediation

The Divorce Center

IF YOU KNOW SOMEONE FACING DIVORCE…this may help when they come to you for help. By Anthony C. Adamopoulos, arbitrator, mediator, collaborative attorney

Because people often wait until “after the holidays” to make the Decision to Divorce, February is Divorce Month. Since it is such an important Decision, I have put together this post on important considerations.

If someone facing divorce comes to you, I hope this article will help.

First StepThink about how divorce will affect your children. 

Think about what is in the best interest of your children.child-support-visitationOften unknown, or unappreciated, the Decision has an indelible and devastating effect on young children. Children often see divorce as the death of the child’s family, at least as the child has known the family. This “death” can result in outcomes including Post Traumatic Stress Disorder, pain and depression. In the lives of young children, no decision of their parents can have a more negative effect than the decision to divorce.

Second Step – Talk alone with your spouse about the Decision. “But, we can’t talk! That’s why we’re divorcing!” Well listen, if your child was in the emergency room and you and your spouse had to talk to make a decision, would you talk and make the decision? If your answer is “Of course”, well, in your child’s life, this is just as important. Talk! Talk about: -Is divorce the only choice? -Is divorce the only answer? -Is divorce necessary now? If you cannot talk, then talk with a professional. Yes, it is that important in the lives of your children. Also, if the first professional “just isn’t right,” try another, and another, until you are both comfortable with the professional. If you have done all you can to keep the family “alive” and still divorce is necessary, then do it the right way.

Third Step– Pick the best divorce Process first, and then pick your divorce attorney.BestAll too often, people go to an attorney first. This is not the best approach. Attorneys are best at “what they do”. For example, consider this medical scenario, if you go to a surgical oncologist for advice on how to handle a newly discovered tumor, you will most likely get advice on the best surgery. If you go to a medical oncologist, you will get advice on chemotherapy. The radiology oncologist will give you advice on cancer radiation. It is the same in divorce, e.g. there are litigators, there are mediators, etc. Study and select the Process; then pick the attorney who works well in that Process.

There are two overall divorce processes – the Court Process and the Alternative Dispute Resolution (ADR) Process.

The Court Divorce Process

The Court Process assumes a confrontational route. (See: The Adversarial Approach for a different assumption).  The confrontation begins when you or your spouse declare, in a public document called a Complaint for Divorce, that you are suing for divorce and you want custody of the children (if any) and an equitable division of all property.
In the Complaint for Divorce, the plaintiff is the accuser and the defendant is the accused or defender. (In the Court Process, all proceedings and most documents are open to and available to the public for viewing and copying.)
In Massachusetts, there are rules that set out the procedure for using the Court Process. One of the rules is called: Standing Order 1-06 – the Time Standards.
When considering what Process is best for you, it is important to understand the effect of the Time Standards on your budget.  The Standards establish a list of events that must be attended to. Failure to attend to an event may result in sanctions. I say “attend to” because although Standing Order 1-06 orders certain acts, for example, the completion, filing, and serving of a Financial Statement within a certain period, experienced divorce attorneys know there are other rules that permit parties to skip, delay or get around a Time Standards rule.  Sound confusing? For experienced attorneys, it is not; for persons who represent themselves, it may be quite confusing.
For those considering cost, the Court Process, by its nature, will require you to pay your attorney for “attending to” a required “Time Standard” event. Given the number of “events” in Standing Order 1-06, this can be costly.
Under the Court Process, if you and your spouse cannot resolve your differences, you will have a court trial. Learn what a court trial entails by clicking and reading my article: Who does court trials anymore?

The ADR Divorce Process

In divorce, there are four alternative approaches to divorce resolution – non-confrontational adversarial, Collaborative divorce, mediation and arbitration. Regardless of the approach you use, the only time you will be in the court system is when you appear for a five minute uncontested divorce hearing. There is no Divorce Complaint! There is no plaintiff! There is no defendant! No Time Standards! No dirty linen washed in public!
Click here for more information about Non-confrontational Adversarial Divorce. The key to resolution in this process is for you and your spouse to have very competent non-confrontational adversarial attorneys. Be sure to check out an attorney’s reputation. You want a peacemaker not a warrior. If an attorney thinks like a general, talks like a general and moves like a general, he or she lives and works in the confrontational world. He or she is not a non-confrontational adversarial attorney.

Collaborative Divorce is a unique process where you, your spouse, and your own trained and certified collaborative attorneys, and other specialists, work together for, and only for, resolution of all issues.

In Divorce Mediation, you and your spouse work together to resolve your own issues with the help of a divorce mediator. The mediator is not a legal expert or advisor; the mediator establishes the atmosphere and uses proven techniques to help you and your spouse reach agreement on all divorce issues.

Arbitration is used in conjunction with any of the other ADR approaches. It is used to resolve deadlock, i.e., where parties cannot agree on an issue.
Choosing the right approach can make a real difference in the time and cost of this life-altering period.
Anthony C. Adamopoulos ©2016