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

#DIVORCE

#DIVORCEMEDIATION

#DIVORCEARBITRATION

#COLLABORATIVEDIVORCE

A Question Often Asked – Will I have to pay both child support and alimony?

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

Generally, alimony will not be granted where total family income does not exceed $250,000.00.

Over this amount, the judge first determines if there is a need for alimony. To do this, the judge considers the income of each party. (The person receiving child support includes it in their income. The person paying support deducts it from their income.)

The judge then determines the reasonable need of each party and if each party’s income covers need. Need is based upon the standard of living of the parties when they were living together.

If income does not cover need, the judge will try to divide the total income so that each party can meet their respective need. When there is not enough money to meet respective need, the judge will have the parties share the deficit. The judge will consider certain guidelines in doing this.

#DIVORCEMEDIATION
#DIVORCEARBITRATION
#COLLABORATIVEDIVORCE
#ALIMONY
#CHILDSUPPORT

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

 

© 2019 Anthony C. Adamopoulos

 

Why Collaborative Divorce is Different & Better

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

THE DIFFERENCE:

The Collaborative Divorce Process is so much better because it is the only process where the attorneys are committed, by written agreement, to concentrate on settlement, AND, if they cannot get a settlement, they cannot represent you in litigation.

The difference is truly transformative in divorce law.  In litigation, divorce attorneys cannot say that their first and only priority is to get a settlement.  Collaborative Attorneys can and do.

THE PROCESS:

First, you must be committed to a quick and less expensive resolution of your divorce; rather than winning in court litigation.

Once you are committed to a quick and less expensive resolution, you each select your own Collaborative Attorney who is specially trained to practice Collaborative Divorce.  Not all attorneys are certified to be Collaborative Attorneys.

You, your spouse, and the two attorneys then sign a contract committing all efforts to resolution.

The next real difference from litigation is that you and your spouse, with the guidance of your Collaborative Attorneys, will then use two key experts – a Financial Neutral and a Facilitator Neutral.  Your Facilitator expedites the process by helping you and your spouse identify short and long term goals and overcome inter-personal roadblocks.  Your 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.  And, the neutrals will bill at fees below the attorneys’ fees.  This means that unlike other divorce situations, if, for example, you and your spouse disagree over a parenting plan, the Facilitator Neutral will help resolve the parenting problem at a lower rate than the attorneys’ fees.  Or, if there is a disagreement over whether to sell the house, the Financial Neutral will work on a resolution rather than the two higher paid attorneys.

In resolving issues that are delaying settlement, neither the attorneys nor the neutrals will be concerned about “winning”; they will concentrate on meeting the real needs of you and your spouse rather than any psychological “want to win”.

GETTING STARTED:

The easiest, but not the only, way to get started is to go to the really informative website for North Shore Collaborative Divorce.

Once at that site, select an attorney with whom you would like to work; suggest that your spouse do the same.  If you would rather start by first talking with a certified Collaborative Attorney, that works too.

Of course, you can also call me at (978) 744-9591.

That’s it!  Your attorney will walk you through the process.

ANTHONY C. ADAMOPOULOS’ DIVORCE RESOLUTION SERVICES  

(978) 744-9591

ACABOSTON@AOL.COM

 

© 2019 Anthony C. Adamopoulos

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

 

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

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