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, February 9, 2019 

9:30 a.m. to 12:00 p.m.

This Workshop is FREE!

 

My Advice for Divorce Month

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

Divorce Month is almost here.

I urge everyone who is facing divorce to seriously consider staying out of the public adversarial divorce system.

Staying out of the “system” generally means choosing one of two processes, either confidential mediation or confidential Collaborative 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.

Learn about Divorce Mediation and Collaborative Divorce at:

The Three Approaches to Divorce

The Three Approaches – Graphically

 

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

© 2019 Anthony C. Adamopoulos

CONSIDERING DIVORCE? THE DECISION….

The Holiday Season is often followed by the Decision to divorce – I call it: “The Decision”.

For couples with young children, The Decision must consider them. From a child’s point of view, divorce is often seen as the death of a child’s family, at least as the child has known the family.  This “death” can result in outcomes including Post Traumatic Stress Disorder.

In the lives of young children, no decision of their parents can have a more negative effect than The Decision.  That is exactly the reason couples should take a few extra steps before The Decision.

First, talk alone about The Decision.

“But, we can’t talk! That’s why we’re divorcing!”   Well listen!  If your child was lying in an emergency room and the two of you had to talk and make a decision, would you talk?  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, while the children are young?

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.

If you have done all you can to keep the family “alive” and, still, divorce is necessary, then you have probably done all that you can.

 

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

©2019 Anthony C. Adamopoulos

 

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

A WORKSHOP FOR THOSE FACING DIVORCE

Feeling Stuck? Don’t know where to begin?  Divorce can be overwhelming, scary and the fear of the unknown can be paralyzing.  You need a plan.  But where do you start?   Regain control and clarity by learning about the legal, financial, family and personal issues that accompany the divorce process.

  • Which legal process is best for you and your family?
  • Is Mediation better and less expensive than Litigation?
  • Is Collaborative Divorce better than Mediation?
  • Will you 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 Analysts will provide the knowledge and information you need to empower you through the divorce process with confidence and peace of mind.

LEARN HOW TO CHART YOUR COURSE TO A BETTER DIVORCE

 Sign up today at NorthShoreCollaborativeDivorce.com

Workshop is free and all attendees will receive a Divorce Resource Handbook

  October 20th  –  9:30 am – 12:00 pm

The Peabody Institute Library (Danvers), 15 Sylvan St., Danvers, MA

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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

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

 

The “New” Child Support Guidelines – Effective September 15, 2017

The new Child Support Guidelines (CSG) go into effect on September 15th. Here, in outline form, is a summary of the primary CSG Factors.

Child Support Guidelines Factors:

Important factors considered in making an order for child support (CS) include the following:

Alimony and unallocated support

An order, if based on relevant tax consequences presented by a party, may designate money for support of a child to be alimony or unallocated support. p8 (This refers to the relevant page in the 2017 CSG.) However, gross income considered for a child support order cannot be considered for an alimony order.p9

The first $250,000.00

The CSG calculations apply to combined incomes of up to $250,000.00. The CSG calculation for the combined $250,000.00 should normally be the presumed minimum order. Support over this amount is discretionary.p9   The court may consider the excess in setting an order for the payment of extra-curricular activities, private school, summer camp, etc.p14 and for post- secondary school costs and orders in excess of the UMass minimum (See below.).

Parenting Time

The CSG calculations are based on the child(ren) having a primary residence with one parent and spending approximately 1/3 of their time with the other parent. There is a rebuttable presumption that the resulting calculation shall be the order.p9

Where parents share equally or approximately equal financial responsibility and parenting time, then a special calculation is done.p10

If the non-residential parent’s parenting time is substantially less than 1/3 of the child’s time, then the court may deviate upwards in the support order.

Child Care and Health Care Costs

In most cases, the Guidelines’ worksheet will automatically adjust for these costs.

Children 18 or over

First, 18 year olds still in high school are considered not yet 18. After leaving high school, child support is discretionary with the court.p10   It is not presumed.

In deciding whether to order child support, the court will consider all relevant factors, including those listed in the Guidelines.p11   One consideration will be whether or not the child is in a post-secondary educational program, if so, the judge will consider the costs involved (see below) and then consider the impact of an order for child support and an order for education costs.

Contribution to post high school costs

 Orders for contribution toward post high school education costs are discretionary – it is not presumed.p11  The judge will consider all relevant factors surrounding college or vocational costs and the impact of both a child support order and an education contribution order.

If an order of contribution is made, it cannot exceed, for each parent, 50% of the undergraduate, in state, costs for a UMass-Amherst student; unless the court makes findings that a parent can afford to pay more.

You can read the Guidelines yourself at The New Child Support Guidelines.

 

New Child Support Guidelines Pay Lower Support With More Parenting Time – No More

By:  Anthony C. Adamopoulos

The current “old” Child Support Guidelines provided a separate child support calculation where, for example, the father shared “financial responsibility and parenting time” of greater than one-third but less than fifty percent of the time.

This usually meant that if, for example, the father was with his children more than one- third of their time he was going to pay less child support than the father who is with his children about a third of the time. This adjustment is dropped under the new Guidelines announced on July 18th and formally effective on September 15, 2017.

While the formal effective date is not until September, experienced divorce attorneys, mediators and arbitrators have started using the new Guidelines.