Category Archives: cut costs in divorce

Adamopoulos Selected Super Lawyer

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Thank you, to those who nominated me for this recognition.

Anthony C. Adamopoulos, Top Rated Family Law Attorney is a 2020 Massachusetts Super Lawyer.

Adamopoulos focuses his practice on Divorce Mediation and Collaborative Divorce.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Its patented selection process includes independent research, peer nominations and peer evaluations.

COVID-19-The Divorce Rate and Cutting the Cost of Divorce

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By Anthony C. Adamopoulos Topsfield Divorce Mediator and Collaborative Divorce attorney.

According to the New York Times, the experience of other countries suggests the ravages of COVID-19 will lead us to more divorces. And, according to the Pew Research Center, divorce itself is contagious. For example, if you divorce, the chances become higher that your friends will divorce.

Here in Massachusetts, there is already anecdotal evidence of the divorce rise.

For some, divorce is “necessary”, regardless of the Crisis. This “necessity” is adversely affected by the financial crisis. Divorce litigation is costly, now the burden is greater. The good news is that you can reduce the costs of divorce.

Here are alternatives to divorce litigation which can dramatically lower divorce costs. (Space limitations make the descriptions short, but sufficient for an internet search.)

Conference-Call-Mediation. Traditional divorce mediation works best for 3 or less issues. Today, experienced divorce mediators will conduct COVID-19 sensitive sessions.

COVID-19 Sensitive Collaborative Divorce serves couples facing complicated issues. Problems are resolved in an efficient, cost-cutting manner with each party’s attorney present and assisting.

Reconciliation Agreement Mediation serves couples seeking a second chance at their marriage. The Agreement reconciles differences, while admitting the possibility of divorce. It sets out rights and obligations for each, if a divorce is eventually filed; then, the Reconciliation Agreement, by law, turns into a Separation Agreement.

Use a neutral divorce financial advisor or neutral divorce facilitator. Click here for my blog article  on why divorce neutrals can cut divorce costs: https://www.divorcingoptions.com/Blog/how-to-save-real-money-in-a-divorce/

Use a Limited Assistance Representation (LAR) Attorney. An LAR attorney offers “a la carte” legal services. Clients select and pay only for specific tasks, such writing a Settlement Agreement.

During these times, experienced divorce attorneys who concentrate in divorce resolution, not litigation, are valuable resources for cutting divorce costs,

#divorcemediation

#divorcelawyernearme

 

Headed for a Covidivorce and Can’t Afford Divorce Mediation? Use a Certified LAR Attorney.

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By Anthony C. Adamopoulos, Divorce Mediator, Collaborative Divorce Representation, Divorce Arbitrator.

In a matter of weeks, the world has changed for those facing divorce, not to mention that the family/divorce court has all but closed.

What do you do when you cannot afford a full-service divorce mediator?

Use a Limited Assistance Representation (LAR) attorney to save money. .

Your LAR attorney, who must be certified, will offer you “a la carte” legal services. In other words, you will select and pay only for specific tasks, for example, preparation of a Settlement Agreement.

A Settlement Agreement is an all-encompassing written agreement that addresses issues related to a couple’s divorce. When parties settle their divorce issues with a Settlement Agreement, they avoid divorce litigation.

A LAR attorney only represents one party.

There are various ways of arriving at a Settlement Agreement when you retain a LAR lawyer. What follows is a possible scenario:

You get from your LAR attorney the documents needed to properly help you.

The attorney then advises you as to what issues have to be addressed for your particular Settlement Agreement.

You tell your attorney what you and your spouse have agreed to so far. Your attorney then prepares a draft Settlement Agreement addressing the issues on which you and your spouse agree.

Then you address with your attorney areas of disagreement you have with your spouse.  Your attorney ask questions, refers to the documents you gave him, considers possible approaches, and then makes suggestions to you.

You then go back and negotiate with your spouse and the two of you reach agreement.

Your attorney then prepares a final draft Settlement Agreement.

You accept the draft and show it to your spouse. If your spouse accepts the draft, the two of you have a final Settlement Agreement.

If you only hired your LAR attorney to prepare a Settlement Agreement, you now have one to use when you file for divorce.

You decide how much or how little you will use your LAR attorney.

For a LAR Handout click here.

For more information on LAR click here.

©2020

THE DIVORCE COURT IS CLOSED*. WE CAN’T GO ON LIKE THIS.

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Mediate a Reconciliation Agreement. (Also called a “postnuptial” or “marital” agreement.)

A Reconciliation Agreement tries to reconcile differences while admitting the possibility of divorce. It sets out rights and obligations each would have to follow if a divorce was filed. If there is a divorce, then the Reconciliation Agreement, by law, turns into a Separation Agreement.

A divorce mediator will help each of you resolve issues like: How will support be handled? How will our property be divided?

A Reconciliation Agreement may save your marriage and avoid the whole divorce thing.

Since the courts are closed*, isn’t it worth “checking-out” Reconciliation Agreements?

*The courts are available for emergencies. Go to: https://www.mass.gov/probate-and-family-court-rules/probate-and-family-court-standing-order-2-20-court-operations-under

To see the case that established Reconciliation Agreements go to: http://masscases.com/cases/sjc/457/457mass283.html

 

#divorcemediation, #divorcereconsiliationagreement, #maritalagreements, #covid19reconciliationagreement

 

Our Clients Say It Best

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By Anthony C. Adamopoulos, Divorce Mediator and Collaborative Divorce Attorney

Recently, a couple came to me seeking my help in resolving their divorce. They were in litigation and had been “going at it” for over a year. Fortunately, with their hard work and dedication, we mediated a resolution.

They showed their appreciation by writing kind reviews and notes.

Here is a summary of some of their kind words about my style and my paralegal, Donna’s comforting manner:

My husband and I were in the divorce process for over one year.  Anthony helped us “untangle our knots” within a few short months and settle our case without trial.

Anthony took my urgent phone call right away, this was much appreciated and helped de-escalate the matter. 

He was more than flexible – he rearranged his schedule multiple times to accommodate our needs.  Thank you for helping us to meet our tight deadlines.

Anthony kept a calm, confident yet gentle presence during tense moments.  His role as teacher was helpful when one or both of us needed education on terms or concepts, or legal definitions.

Although I wish that no one would have to go through the divorce process, if you do find yourself in need of a mediator, I would recommend Anthony. His vast experience, warm and caring demeanor, and interest to be efficient in the proceedings will be a welcome respite in the process.

Donna’s warm and professional assistance with a comforting smile made the entire process easier to manage.  She is an empathic and impartial asset to your practice!

Anthony- Thank you for making an impossible resolution possible. 

©2020 Anthony C. Adamopoulos

 

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

 DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

#divorcemediation

#divorce

#divorcemediationattorneynearme

#divorceattorneynearme

 

 

 

 

 

What is the Difference Between Imputed Income and Attributed Income?

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By Anthony C. Adamopoulos, Divorce Mediator and Collaborative Divorce Attorney

Imputed and attributed income are distinguished in the Child Support Guidelines, 2018.

Imputed income is income that is not reported on a parent’s Financial Statement but is nevertheless being received by or available to the parent.  One appellate court decision has said: A judge may “reasonably impute income to [a] parent” who receives “[e]xpense reimbursements, in-kind payments or benefits received by a parent, personal use of business property, and payment of personal expenses by a business in the course of employment, self-employment, or operation of a business . . . if such payments are significant and reduce personal living expenses.”

Attributable income is  “[i]ncome …[assigned] to a parent when the Court determines a parent is capable of earning more than is currently being earned and assigns a hypothetical amount of income to the parent.”    If a judge finds that a parent is unreasonably underemployed or unemployed, the judge may assign attributable income to that parent.

©2020

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

 

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

 DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

 

 

#divorcemediation

#collaborativedivorce

#imputedincome

#attributableincome
#divorce

#collaborativeattorneynearme

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The Holidays are Over and We Need to Get This Divorce Behind Us

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By Anthony C. Adamopoulos, Certified Divorce Mediator and Certified Collaborative Divorce Attorney

Listen folks, the holidays are over and the two of you are still facing the divorce problem.

It is time and it is best, for the two of you and your kids to get this divorce thing behind you.

It is hard to imagine it now, but things will get brighter for each of you when the divorce is behind you.

There are only two real ways to go, Mediation or Collaborative Divorce. Don’t spend big money or expend energy and tears going the old divorce route with lawyers that are not certified to travel the smart, less expensive roads to divorce resolution.

Where there are children under 23, there are three major issues in all divorces– taking care of the children, taking care of support and dividing the property.

Mediation is the way to go if your combined income is around $100,000.00 or less and there is no real disagreement over the children, support and property.

Collaborative Divorce is the sensible route where combined income is over $100,000.00 and there are real issues such as disputes over where the kids will live or how much self-employment income there is?

Call today for a consultation with an experienced and certified divorce resolver.

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

© 2020 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

 DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

#divorcemediation

#collaborativedivorce

#divorce

#collaborativeattorneynearme

#divorcemediationattorneynearme

#divorceattorneynearme

 

My Spouse is Hiding income. Is that Imputed Income?

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By Anthony C. Adamopoulos, Divorce Mediator and Collaborative Divorce Attorney

Yes, it may be. Imputed income is an amount that a judge assigns to your spouse when your spouse’s Financial Statement does not report the assigned income.This comes up when you are able to show the judge at least one of two types of evidence about your spouse’s real income.

In the first type, there is evidence showing your spouse spending way above his or her means. For example, your spouse is leasing a Ferrari at a monthly cost of more than half of his or her monthly income.

In the second type, your spouse receives reimbursements or employer payment for expenses that are not reported in his or her Financial Statement, for example per diem payments or cell phone payments.

If the judge accepts the evidence of unreported income, an amount representing the unreported income may be imputed, or assigned, to the non-reporting party.

However, in court litigation, you have to consider the consequences of disclosing unreported taxable income because the judge is obligated to report the matter to the IRS. If you filed joint returns, an IRS audit may hurt you in an unexpected way.

One of the many advantages to using Collaborative Divorce or Divorce Mediation is that the process is confidential and the parties can negotiate an agreement as to all money being earned.

© Anthony C. Adamopoulos 2019

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

#divorcemediation

#collaborativedivorce

#imputedincome

#divorce

#collaborativeattorneynearme

#divorcemediationattorneynearme

#divorceattorneynearme

 

 

 

 

 

 

How Does a Judge Set Alimony?

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

Alimony is based on: the need of the recipient, the payor’s ability to pay it and a cap on the amount to be paid.

To determine need, the judge must consider: marriage length; age and health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity as a result of the marriage; and other factors considered relevant and material.

For the payor’s ability to pay, the judge considers the above factors to see if the payor has money left over after providing for the payor’s need. If there is money left over, the judge will generally award alimony to be the lesser of the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes.

In Collaborative Divorce and Mediation, the parties have more leeway in setting alimony.

© 2019 Anthony C. Adamopoulos

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups. Call for more information.

 

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

#alimony

#settingalimony

#collaborativedivorcealimony

#mediationalimony

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What is a Collaborative Divorce Neutral Facilitator and Why is it Cost Effective to Use One?

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By Anthony C. Adamopoulos-Divorce Mediator, Collaborative Divorce Attorney, & Divorce Arbitrator

Are you facing divorce and feeling sad, angry, or scared?

Do you stay up at night thinking “This can’t be happening” or “How am I going to manage this?”

If you use Collaborative Divorce, you will not be alone because a Collaborative Divorce Neutral Facilitator will be there for you. (A Neutral Facilitator is sometimes called a Coach.)

As your Collaborative attorney, I will be sure that a Neutral Facilitator is part of the Collaborative team. The Neutral will meet with you, and your spouse, individually before the first team meeting to get to know you, to set up your goals for the process, and to learn what issues might be particularly hard for you.

A neutral can work with you to develop a parenting plan or help you navigate the challenge of guiding your child through this tough time. A Neutral is an emotional support who will be with you “every step of the way”.

At all meetings, the Neutral will be there to help maintain a respectful atmosphere, to be a time keeper, and to monitor the emotional aspect of the conversation. Clients can meet, at any time, with the Neutral individually or with their spouse.

Why is it cost effective to use a Neutral?  Because it may cost less.  If you are using the costly court divorce process, or even mediation, your attorney, or the mediator, will try to provide the services that a skilled Neutral provides.  The difference is that the Neutral will be billing at a lower rate than your attorney or mediator.

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION &

 DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

Anthony is available to discuss and explain Collaborative Divorce & Divorce Mediation to private and public groups.

#collaborativedivorce

#collaborativedivorcefacilitator

#collaborativecoach

#costeffectivecollaborativedivorce

#collaborativeattorneynearme