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

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

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Is Collaborative Divorce Cheaper than Mediation or a Court Resolution?

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

 

Unless a couple has been married for under a year, it is almost impossible to quote the cost of any divorce process, let alone Collaborative Divorce.

What can be said is that Collaborative Divorce is efficient and cost effective. And, it meets emotional and economic needs in a way that mediation cannot.

Collaborative attorneys have one objective, settlement.  This is not the case with court resolution. Attorneys of mediation clients usually do not attend settlement negotiations and work on the specifics of settlement.

Collaborative attorneys work under a schedule geared to speedy settlement. Court cases react to court-imposed schedules which may not reflect client needs. Mediators often have one client wait while the needs of the other client are being addressed.

Collaborative attorneys serve at their client’s side and speak on their behalf. In mediation, attorneys are usually not present, leaving clients to negotiate and speak for themselves.

Collaborative trained “neutrals” resolve economic or emotional problems, usually on lower fee schedules.  Mediators do not routinely use neutrals.

In summary, for marriages of over 5 years, involving good earnings, significant assets and disagreement surrounding children, support of one party or the division of property, Collaborative Divorce is the efficient cost-effective choice.

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE MEDIATION & DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

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For How Long Will Alimony Run?

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

Alimony here refers to the most common type – General Term.

The length or duration of alimony is contingent on two factors.

The first is the length of the marriage. (Italics are quotes from the Alimony Reform Law.)

The length of the marriage begins, at a minimum, from the date of marriage. However, the court (or arbitrator) may increase the length … if there is evidence that the parties’ economic marital partnership began during their cohabitation … prior to the marriage.

If there was an economic marital partnership, an extension to the length of the marriage, is in the discretion of the judge (or arbitrator).

Some evidence of an economic marital partnership includes the couple:

  • holding themselves out as an intact family;
  • wearing rings, they bought for each other;
  • participating in activities together with their children;
  • vacationing together;
  • sharing finances;
  • sharing the cost of housing.

The length of the marriage ends when a spouse is served a notice of divorce.

The second factor. Once the length of the marriage is determined, the judge (or arbitrator) then sets the duration of alimony.

Presumptive limits on the duration of alimony are based on the length of the marriage.

Where the marriage is longer than 20 years, alimony may extend for an indefinite length of time… .

For 20 years or less there are four categories of duration:

(1) If the length of the marriage is 5 years or less, … not longer than one-half the number of months of the marriage.

(2) [for] 10 years or less, but more than 5 years… not longer than 60 per cent of the number of months of the marriage.

(3 [for] 15 years or less, but more than 10 years, …not longer than 70 per cent of the number of months of the marriage.

(4) [for] 20 years or less, but more than 15 years, …not longer than 80 per cent of the number of months of the marriage.

 The above duration categories are presumptive and the judge (or arbitrator) may deviate from the presumption. (Rules for deviation are left for another article.)

So, to determine the presumptive duration of alimony, first determine the length of the marriage and then fit the length into one of the 5 duration periods.

 

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

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Attorney Pontisakos Added to Primary Care Attorney Referral Registry

 

Very pleased to announce that Attorney Demetra Pontisakos has been added to my Primary Care Attorney Referral Registry.

Demetra has over 30 years of experience in family law and practices in Massachusetts and New Hampshire.  That means she can handle family law matters that cross state lines.  Demetra is a skilled negotiator and litigator. She has experience and training in a variety of approaches to resolving family law issues and, she produces excellent results for her clients. People I have referred to her report back that they are thankful for her abilities and the good results she achieved. Demetra also practices in certain specialized probate matters in Massachusetts and New Hampshire. So, if you need a perfect, respected referral, please give me a call.

Remember that in addition to mediation, arbitration and collaborative representation services, I am a Primary Care Attorney who can refer you to a respected attorney with the expertise you need. My registry of experienced, respected attorneys is available and near you.

Anthony C. Adamopoulos is a divorce mediator, collaborative attorney and divorce arbitrator who practices in your area, and can be reached at:  acaboston@aol.com or (978) 744-9591.

© 2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES   

(978) 744-9591

ACABOSTON@AOL.COM

 

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PREMIER LAWYERS OF AMERICA RECOGNIZES ANTHONY C. ADAMOPOULOS

Anthony C. Adamopoulos a Divorce Mediator and Collaborative Divorce Attorney of Topsfield has been nominated for membership in Premier Lawyers of America.

Nominated attorneys have been found to demonstrate the highest standards of excellence in the practice of law. Nominations are made by attorneys or by the Premier Lawyers of America advisory committee.

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

Free Educational Program – Chart Your Course to a Better Divorce

North Shore Collaborative Divorce will present a free educational program “Chart Your Course to a Better Divorce” addressing how the collaborative divorce process may be a better way to divorce.  The educational program will review the basic legal, emotional and financial issues commonly encountered during the divorce process.

Collaborative divorce takes a team approach.  The “team” consists of both parties, their respective attorneys, a neutral facilitator to address emotional and communication challenges which may arise and a neutral financial professional to help the team gather and understand financial information.  All of the professionals have completed Collaborative Divorce training.

The program will be presented by a panel of Collaboratively Certified professionals who practice on the North Shore and who will explain how Collaborative Divorce differs from divorce mediation and divorce litigation.  Some benefits of Collaborative Divorce are confidentiality of negotiations and a sensitive and informal approach that allows parties to control the agenda and pace of their progress.

The presentation will be repeated on the following dates and locations:

  • Thursday, October 3, 2019, from 6:00 to 8:00 p.m., in Meeting Room A, at the Flint Public Library, 1 South Main Street, Middleton, MA, 01949
  • Saturday, November 16, 2019, from 9:30 to 11:30 a.m., at the Gordon Meeting Room of the Danvers (Peabody Institute) Library, 15 Sylvan Street,  Danvers, MA 01923

All are welcome.  Simply register by calling Donna at 978-744-9591 or email to acaboston@aol.com with Subject Line – Register

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IF WE GO TO COURT, WILL OUR PROPERTY BE DIVIDED DOWN THE MIDDLE?

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

No. Massachusetts is an Equitable Division state. This means a judge determines what is a fair division of the assets and it may not be 50/50.

The law provides a list of certain factors a judge must consider in “fixing the nature and value of the property to be so assigned”* to each party.  The required considerations are:

  1. the length of the marriage,
  2. the conduct of the parties during the marriage,
  3. the age of each party,
  4. the health of each party,
  5. the station of the parties,
  6. the occupation of each party,
  7. the amount and sources of income of each party,
  8. the vocational skills of each party,
  9. the employability of each party,
  10. the estate of the parties,
  11. the liabilities and needs of each of the parties,
  12. the opportunity of each for future acquisition of capital assets and income, and
  13. the amount and duration of alimony, if any, awarded.

In addition, the law says the judge may in “fixing the nature and value of the property to be so assigned” consider the following:

  1. the present and future needs of the dependent children of the marriage,
  2. the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates, and
  3. the contribution of each of the parties as a homemaker to the family unit.

So, the 50/50 rule does not apply in Massachusetts, and the Rule of Equitable Division provides for the consideration of many factors before a division is made.

 

*You can read the actual law by Googling: Mass Gen Law C.208, Sec.34

©2019 Anthony C. Adamopoulos

ANTHONY C. ADAMOPOULOS AMONG TOP 10 FAMILY LAW ATTORNEYS IN MASSACHUSETTS

Topsfield divorce attorney and mediator Anthony C. Adamopoulos is pleased to announce that Attorney and Practice Magazine has ranked him among the top 10 family law attorneys in Massachusetts.

Attorney and Practice Magazine is a quarterly publication “addressing law firm management, attorney well-being, work/life balance, and the ever-changing technology that impacts a …practice.”  The List recognizes the significant achievements of those attorneys whose practice elevates the standards of the Massachusetts’ Bar.

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

© 2019 Anthony C. Adamopoulos

 

Announcement

Anthony C. Adamopoulos, a Topsfield divorce attorney and mediator, has been elected to the Board of Directors of the Massachusetts Family and Probate American Inn of Court.  The Inn’s mission is to promote professionalism, civility and ethical awareness through discourse and education.

Facing Divorce? Here are Some Basics…

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

For those facing divorce, the summer is often a time of “thinking about it”.

Well, here is something to think about.

There comes a time when a person must stop looking to the past and begin to picture the future. If that future means divorce, then some real consideration must be given to moving into the future without needlessly spending monies that could be used for other needs.

Here are some basic suggestions:

  1. Join with your spouse in the joint self-serving purpose of “getting through this” by concentrating on the future. Because — when a divorcing party seeks to punish the other, everyone feels the pain.
  2. Consider avoiding the court process by using Mediation, Collaborative Divorce or Divorce Arbitration (see my website for more information on these dispute resolution procedures – DivorcingOptions.com).
  3. Recognize that options 1 and 2 may be difficult because the other spouse may be what professionals call “The Reluctant Spouse”. When this is the case, be sure the professional with whom you work is familiar working with and winning over The Reluctant Spouse.

Good luck,

Anthony 

© 2019 Anthony C. Adamopoulos

 

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

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