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

How Long Does It Take to Get a Divorce Through Mediation?

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

The time it takes to get “through” the Mediation Process initially depends on whether or not each party returns a properly completed Probate and Family Court Financial Statement. The Mediator needs a correct Financial Statement for many reasons. An insufficient Statement causes delay and increased cost. At the outset, the Mediator will provide clients with the form and instructions.

To complete the Divorce Mediation the mediator will guide the parties through any issues surrounding the three major components of a Separation Agreement – the children, support and division of property.

The length of time it takes to resolve each component is directly related to the amount of disagreement on each component.

For example, if the parties have already agreed on how many over-nights the children will spend at each parent’s home, they have essentially resolved about 1/3 of the Divorce Mediation. The same applies to support. If the parties agree with the accuracy of each other’s Financial Statement and their respective post-divorce financial needs, they will also have resolved 1/3 of the Divorce Mediation. Lastly, if the parties agree on the accuracy of each other’s Financial Statement and have already decided how the property listed on each Financial Statement will be divided between them, then they will have resolved 1/3 of the Mediation.

Assuming a fact pattern similar to the above, then the mediation can be completed in less than three hours. There remains only the preparation of the formal Divorce Separation Agreement by the mediator. (Only divorce mediators who are attorneys can prepare Divorce Separation Agreements.) Under the above scenario, it would take about one and half hours or less to prepare the Agreement.

So how long does a divorce mediation take? About four to five hours if the Financial Statements are accurate and the parties are in agreement as to the major issues.

 

©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 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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How to Save Real Money in a Divorce

By: Anthony C. Adamopoulos, Divorce Arbitrator, Mediator and Collaborative Attorney ©2018

In every divorce there are non-law issues. Some are as basic as “Who gets the college chest”? or as complicated as “Where will the children primarily live”?

Attorneys and smart parties are now using professional neutrals (also called coaches) to resolve those issues that are not distinctively legal in nature.

A Financial Neutral expedites the process by analyzing the unique needs of your family, identifying tax provisions related to those needs and creating realistic plans to preserve family income and property.

The Facilitator Neutral expedites the process by helping you and your spouse precisely identify short and long-term goals.

Most experienced attorneys can do all that the neutrals do.  But, they do it at their regular rates.

Experienced divorce attorneys charge between $350.00 an hour to $450.00 an hour. Some charge more; some less. The important point is that the hourly fee of your attorney is the same whether your attorney is working on the “separation agreement”, a legal document, or who gets the college chest – a distinctively non-legal issue.

Experienced neutrals charge between $175.00 and $250.00 per hour.

Who can use Neutrals?  Parties in contested divorces are already using neutrals to do real estate or business appraisals. So why not other neutrals?  Parties trying to “work it out” on their own can really benefit from neutrals. The Collaborative Divorce Process  already uses neutrals.

Ginny Simon and Linda Cohan are Facilitator Neutrals. Diane Pappas is a Financial Neutral. The fees of these neutrals follow within the range described above. All three are experienced mediators – a plus.

 

HELP OTHERS TO KNOW You are invited to post this article on your web site, blog or social media.

 

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

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.