Divorce and Real Estate in the Bedford, MA Area

Bedford, MA realtor Suzanne Koller

By Bedford and Franklin, MA divorce attorney and mediator Stephen McDonough of The Divorce Collaborative LLC.  Stephen is also a licensed Massachusetts real estate broker.

Divorce oftentimes involves the sale and/or purchase of real estate.   Our friend and realtor Suzanne Koller, owner of Suzanne & Company, Keller Williams Realty, reports the market is definitely improved this spring in Bedford and surrounding towns such as Concord, Carlisle, and Lexington.

In fact, multiple offers are not uncommon this spring for houses in good condition and in desirable communities in the metro-west Boston area.  Suzanne has an informative website and definitely has the pulse of Bedford and neighboring communities.

To read Suzanne’s take on the spring real estate market in and around Bedford, click here!

If you are contemplating divorce in the Bedford, MA area, including Concord or Lexington, and you are going to sell your property, or perhaps plan on purchasing a different home, then you will certainly benefit from speaking with an experienced real estate broker.  Before selecting a real estate agent to work with, ask about their experience in your community and if they are comfortable working with a divorcing or separated couple.  For a realtor, sometimes working with a divorcing couple can be much more work, especially in higher-conflict relationships.   You should feel comfortable with the agent and discuss expectations about communications and efforts to market your home.

For more information about property division and Massachusetts divorce, please click here to return to the Learning Center of our website.    Additionally, I recently wrote a blog post about moving out of the marital home and divorce. 

If you need help with the divorce or other family law matters, or have questions about divorce mediation or a collaborative divorce in the Bedford area, please call the experienced Massachusetts divorce lawyers and mediators at The Divorce Collaborative LLC of Bedford and Franklin at: (877) 842-1199.

Suzanne Koller of Keller Williams Realty in Bedford can be reached at 508-371-4377.

 

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Forget Divorce! Here are some Reasons to Get or Stay Married

By Colleen Cunnally, a Massachusetts divorce attorney and mediator with The Divorce Collaborative LLC of Bedford and Franklin.

Marriage is nothing but  “a piece of paper!”

I chuckle when I hear this statement.  As a Massachusetts divorce attorney and divorce mediator,  I want to shout out, “NOT TRUE!”  The institution of marriage comes with a number of significant benefits.  These marital “rights” or “benefits” are often taken for granted.  I will save the “friends with benefits” post for another time.

So, what are some reasons to get married or work to improve your relationship and stay married?

Tax Benefits 

Spouses have a right to file joint federal and state tax returns.  Most couples benefit from filing joint taxes.  In addition to filing jointly, spouses can give tax free “gifts” to each other.  There are also estate tax benefits afforded to married individuals.

Estate Planning Benefits

Spouses have a right to inherit from one another.  Even if a spouse fails to leave assets in his or her will, spouses have rights to contest the will and request a spousal share of their spouse’s estate.   There are also certain trusts that can be set up which are reserved for married couples. Read more

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Massachusetts Divorce FAQ – Moving Out

There is much consider if you are moving out before your divorce is final.

By Massachusetts divorce lawyer and divorce mediator Stephen McDonough of The Divorce Collaborative LLC of Bedford and Franklin, MA.

If you are getting a Massachusetts divorce, can you make your spouse move out of the marital home, or can your spouse make you leave the house? Should you move out voluntarily?   Is it OK to wear white pants after labor day?

With the exception of the fashion question, these are some of the most frequent questions our Massachusetts divorce and mediation clients worry about.   The best answers to these questions really depend on your specific situation, so get advice from an experienced Massachusetts divorce lawyer or discuss it with your divorce mediator and spouse before making any major decisions you might regret later.

Let’s acknowledge that this is a stressful decision.  When a spouse moves out expenses increase significantly unless someone is staying with family or friends temporarily.  It can be tough not being there to tuck your kids in or see them before school if that is what you are used to.  As you can see, moving out impacts parenting and the financial situation, so it is best to have a plan in place beforehand.   Of course, living together under one roof is stressful when the marriage has deteriorated, so oftentimes moving out just makes sense.

Here are two frequently asked questions about Massachusetts divorce and moving from the marital home: Read more

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Milford, MA Divorce Mediation – Case Study

Mediation can help you and your spouse support each other as parents post-divorce

Note:  This post gives a glimpse into what an actual session with a divorce mediator from The Divorce Collaborative is like.  The facts are based upon a recent session wit clients from the Milford and Worcester, MA area.

Earlier this week I was sitting with a couple from the Milford, MA area in our Franklin office.  It was their first divorce mediation session.  The couple has two young children and both parents work full-time.  Like many dual-income families, these parents had already decided they would each spend about the same amount of time with the kids, also known as shared parenting.

After listening to the parents talk about their kids for a few minutes, I asked what type of parenting schedule they envisioned. They had discussed different schedules together, and they brought to the meeting monthly calendars with different schedules laid out.  Each day had an initial jotted down representing either Mom or Dad.  There were scratch outs and notes on the calendars.  I left the conference room for a moment and made some copies of the calendars so we could all see them easily.  Suddenly, a giant monster crashed through.. Read more

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Massachusetts Divorce Myths

Whether I am talking to a prospective divorce client from Lexington, Concord, or Milford, here are three of the most common divorce myths that we hear over and over during initial consultations.

1.  “My spouse and I are legally separated”

You may not be living together, but you are not legally separated.

In some states, such as New Hampshire and Rhode Island, married couples are allowed to file a petition with the court for a legal separation. The process and filing fees are often the same as a divorce petition, and the courts will typically decide the same issues it does in a divorce, such as support, custody, visitation, and property division. The difference is that in a legal separation the parties remain married and may resume their martial relationship at any time.

In Massachusetts, despite how many times people tell us that they are legally separated; there is no legal separation. Even after a divorce petition is filed, the parties are not considered to be legally separated. A couple may decide to live separate and apart, but there is no court filing or order to designate them as legally separated.

If a couple desires to separate in Massachusetts but decides not to divorce for religious or other reasons, a person can file a Complaint for Separate Support. In an action for Separate Support, the judge may decide issues concerning minor children and spousal support, however the judge will not address issues surrounding property division. Furthermore, not everyone may be eligible to file a Complaint for Separate Support. You must be able to prove one of the following three grounds: Read more

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Massachusetts Divorce – Handling Joint Debts

Nobody wants the debt at divorce time!

Thanks to our great economy, dealing with debt is a bigger part of divorce cases.  More then ever before, divorcing clients are facing short sales or foreclosure of real estate, bankruptcy, and significant debt load.

During a Massachusetts divorce, what are some of the issues you should consider surrounding joint liabilities?  There are many variables to consider, so remember this is just general information.  Debts and liabilities fall under the larger umbrella of property distribution. Savvy readers of our website know that property division in Massachusetts must be…..?   Anyone?   Anyone?

Answer:  Equitable!   Or fair.  But not necessarily equal.  But, now back to joint debt. Read more

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Divorce and the 5 Stages of Grief

Losing your partner is difficult, but recognizing the stages of grief can help you move forward

Divorce is almost always accompanied by feelings of grief and loss. Pretending your feelings of grief don’t exist will not work.   Instead, try working through the sadness so you can move forward emotionally.  Grieving is definitely part of the divorce process, and there are different things to grieve about, including the loss of your partner, loss of future plans as a couple and/or parents, the loss of your status as couple, and maybe even the loss of your home.  A parent may feel grief if they are not able to see their children as often as they would like.

The 5 Stages of Grief

Much has been written about the stages of grief.  Becoming familiar with the five stages will help you to recognize them and work through the process.  Don’t forget that an experienced family therapist or divorce coach can also help you work through your feelings in a healthy way.   In a divorce, the stages are similar to those that people experience when a family member or close friend passes away.

Stage 1 – Denial:  Denial is the first reaction to a significant loss for many people.  In a divorce, the spouse that is not initiating the divorce may just think that if they ignore everything and wait awhile, that things will be ok and that their spouse will come back to them.  Some people may act like they are in a form of emotional shock, and feel numb, and continue routines as though nothing is happening.  Frequently, people in denial will not talk about the divorce and avoid telling others.

Stage 2 – Anger: Anger directed inward can cause feelings of depression.  Feelings of frustration about your relationship and partner begin to not only surface, but maybe bubble over.  Some people will go to great lengths to let the world know how bad their spouse was.  Divorce anger can be extreme, so it is best to let it out in a way that is not aggressive or dangerous, but constructive.  Vindictive behavior, bitterness and increased depression are all common results of trapped anger.

Stage 3 – Bargaining Phase:

In my role as a Massachusetts divorce lawyer and mediator, it is interesting how often this phase pokes it head into the room.  Understandably, some people remain reluctant to really let go of a relationship, and start bargaining. As described by Fisher and Alberti in their book Rebuilding When Your Relationship Ends, may get back together but for the wrong reasons.  Not to have a better relationship, but because of a desire to avoid the loneliness and sadness that comes with the loss of a relationship.  The authors refer to it in their book as a “love relationship.”

Step 4 – Letting Go:

The interesting this about this phase is that although someone may feel depressed, it is also a stage where some experience much personal growth.  It may take a fairly long time before even teaching this stage, and it is not uncommon for depression to also appear.  Experts suggest that being aware of this stage helps people get through it much faster.

Step 5 – Acceptance: 

In this stage, the loss of the relationship is accepted and most people begin to feel free from the feelings of grief and pain.  There is not the intense focus on the past relationship. Emotionally, people begin to move forward toward and look towards the future, feeling more freedom and independence.

Here is a link to another website with more information about grief and loss:http://helpguide.org/mental/grief_loss.htm

To read more about the emotional aspects and rebuilding after a relationship ends, a number of good books exist.  I referenced one above, and you may also want to consider counseling or working with a divorce coach.   If you would like a referral to an experienced divorce coach of therapist, please feel free to contact The Divorce Collaborative LLC at (877) 842-1199.

The Divorce Collaborative LLC has offices in Bedford (near Billerica, Concord and Lexington) and Franklin, MA (near Medway, Bellingham, Wrentham, Foxboro, Norfolk, and Medfield).  Our Massachusetts divorce attorneys, collaborative divorce lawyers,  and divorce mediators work closely with clients from Worcester, Norfolk, Middlesex, and Bristol Counties most frequently.  To schedule a meeting, please call (877) 842-1199.

 

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Love Stinks! Things to do on Valentine’s Day That Have Noting to do With Love

Remember, St. Patty's Day is right around the corner!

By Massachusetts divorce lawyer and mediator Colleen Cunnally

If you are dealing with a separation or divorce, the last thing you may feel like doing on February 14th is celebrating Saint Valentine.  Here are some activities that do not involve flowers, candlelight dinners, Hallmark cards or Victoria Secret to help you manage.

1. Clean out your closet.  Ok….so that may not sound like the most fun activity in the world but it can be symbolic and therapeutic. Besides you will feel productive and you will make plenty of room for number 4.

2. Adopt a dog.  Dogs give you unconditional love and affection and are always happy to see you.  Besides they will never talk back to you, cheat on you or steal your money and…..they don’t come with Mother-In-Laws!

3. Try a New Exercise Class.  This is a healthy alternative to drowning your sorrows (although that’s an option too-just kidding!)  You can work off your aggression and you’ll feel great after.   Exercise is a stress reliever and will help you work off number 1.  And you might meet someone hot at the gym.

4. Retail Therapy.  Buy yourself a Valentine’s Day present…or two….or three.  I recommend a ridiculously expensive pair of shoes…and an extra pair in a size 6…just saying.  It will make you feel better, I promise.

5. Pamper yourself.  Schedule a massage, facial, get your nails done or all of the above.  You’ve earned it!

6. Wear Green.  Green is the new Red.  It’s considered to be the “opposite” of red.  Besides you can practice for the next holiday, St. Patrick’s Day who, in my opinion is a much more fun Saint to celebrate.

7. Eat ridiculous amounts of candy hearts and chocolate.  Do not feel guilty.

Repeat…remember the day is only 24 hours long!

Finally, a little bonus.  Click here to watch a classic anti-Valentine’s Day music video.

Colleen Cunnally is a Massachusetts divorce attorney and divorce mediator at The Divorce Collaborative LLC of Franklin and Bedford, MA.  Attorney Cunnally frequently represents clients in Middlesex, Norfolk, Worcester, and Bristol Counties in all aspects of family law matters, including divorce, child support, and custody cases.

 

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Massachusetts Child Support – Are you a Deadbeat Parent?

Massachusetts child support and divorce lawyer Stephen McDonough was recently featured in a story about a new federal website targeting some of the worst deadbeat offenders in the U.S. Although most people think about child support issues as pertaining only to individual states, when deadbeat parents flee to another state or country the federal government can step in.

The Federal Office of the Inspector General launched the new website, which you can visit by clicking here.   The top deadbeat parent owes in excess of one million dollars in child support.

That’s nice.  He probably just fell behind a little, and will catch up next week!

The new website hopes to enlist the help of the public in identifying those featured online, similar to efforts like America’s Most Wanted, by plastering photos of those who are on the run in an effort to avoid financially supporting their children.

To read the Lawyers.com article, including Massachusetts family law attorney Stephen McDonough’s take on the new enforcement effort, click here.   In addition, Stephen’s picture is included in the article.  Certainly Lawyers.com web traffic has skyrocketed!

Looking for more information on Massachusetts child support, including the child support guidelines?   Click here to visit our MA child support info pages.

If you need assistance with a child support case in Massachusetts, please contact The Divorce Collaborative LLC at (877) 842-1199.  Our lawyers are experienced in all matters related to child support in MA, including child support enforcement and child support modifications and contempt actions.  Our offices are located in the Lexington – Bedford – Concord area (Middlesex County) and the Franklin – Walpole – Medfield area (Norfolk County).

 

 

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The $199.00 Massachusetts Divorce…or Not!

Didn’t your parents always tell you…?  “You get what you pay for!” 

There’s nothing worse than scoring a seemingly great deal, only to have something fall apart 20 minutes after you bought it.  When it comes to professional services, nothing could be more accurate.  I recently helped a couple mediate their divorce after the Judge REFUSED to accept their divorce separation agreement they purchased online.  Their court financial statements were not completed properly and were not allowed by the court.  This was an educated couple with good jobs and income.  Some of us appear in court for a living, but most of you have  never been to court or maybe just went for jury duty. Even then, you probably didn’t make it out of the basement after they showed you a bad movie. Read more

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