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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Massachusetts Postnuptial Agreements Get a Power Boost

Postnuptial (or marital) agreements  - frequently referred to as a “post-nup” – are most often made by couples contemplating divorce, but still trying to work on their marriage. These couples are not yet ready to call it quits – and hopefully will not. Through a postnuptial agreement, a married couple is able to decide how assets will be divided, make a parenting plan for their children, and agree on support amounts in case of a divorce in the future. These agreements can also help couples work out issues they are struggling with, such as setting a budget for household expenses or determining who is responsible for household and parenting responsibilities.

The Massachusetts family courts have not always favored post-nuptial agreements. It wasn’t until 2010 that the Massachusetts Supreme Judicial Court decided in Ansin v. Craven-Ansin that enforcement of a postnuptial agreement is not contrary to public policy.  Wondering what a real court argument is like or want to read the decision, then click here to watch the video of the oral arguments on this case!

The court did determine, however, that a higher level of scrutiny should be applied to postnuptial agreements than is applied to prenuptial or separation agreements. The court’s justification for this higher standard was based on its view that postnuptial agreements are “on a different footing from both a prenuptial and a separation agreement.” If a one party does not want to sign a prenuptial agreement, they are able to walk away (although once the wedding is paid for that may be harder than it sounds), and spouses who are divorcing have a strong incentive to protect their own financial interests.

The heightened scrutiny that the Ansin court deemed appropriate for postnuptial agreements included five factors for courts to consider: (1) whether each party had the opportunity for independent counsel; (2) whether there was fraud or coercion in obtaining consent to the agreement; (3) whether all assets were fully disclosed prior to the execution of the agreement; (4) whether each spouse knowingly waived his or her rights to a judicial equitable division of assets and support; and (5) whether the terms of the agreement are “fair and reasonable.” The court looks at whether the terms of the agreement were “fair and reasonable” both at the time the agreement was executed AND at the time of divorce. If a court determines that a postnuptial agreement satisfies all five factors then the court will enforce the agreement.

Postnuptial agreements allow couples to feel secure that if they do choose divorce, they already know what the outcome would be, which allows them to focus most of their efforts on strengthening their marriage. In fact, postnuptial agreements can help save a couple’s marriage by addressing the issues that are causing stress in the marriage and work on solutions to those problems. Although some couples may view the drafting of an agreement intended to be used in case of divorce as detrimental to a marriage, such a document may assist a couple to work through the difficult issues with the end result being a stronger – and hopefully lasting – relationship.

By Massachusetts family law attorney Katherine Thomas of The Divorce Collaborative LLC

The Divorce Collaborative has offices in Franklin & Bedford, MA.

 

 

 

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Bedford, MA Divorce Lawyer & Mediator – Back to the Future

There is a lot going on around our Bedford, MA office.   Right across the street from us the center of town is undergoing a major improvement with the unsightly old “Blake Block” being torn down.  The new building is already well under way.

To see what the new block will look like, please click here to get a glimpse into the not so distant future!  

The Divorce Collaborative LLC has offices located in Bedford and Franklin, Massachusetts.

  • Massachusetts Divorce
  • Massachusetts  Divorce Mediation
  • Collaborative Divorce
  • Divorce Litigation – Contested Divorce
  • Child Support
  • Alimony
  • Modifications
  • Contempt Actions
  • Paternity
  • Child Custody
  • Same Sex Couples
  • Prenuptial Agreements
If you are coming to our Bedford office, not to worry.   Traffic is not impacted by the work and we have plenty of parking off-street at our building.

The Divorce Collaborative LLC - Bedford office at 60 Great Rd.

 

 

 

 

 

Massachusetts divorce mediators and divorce attorneys serving Middlesex County, Norfolk County, Bristol County, and Worcester County.

Bedford, Concord, Lexington, Billerica, Norfolk, Millis, Medway, Medfield, Plainville, Wrentham, Franklin, Shrewsbury, Westboro, Northboro, Wayland, Sherborn, Dover, Waltham, Weston, Mansfield, Holliston, Westford

 

 

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Child Support in Massachusetts – Don’t Be On the Naughty List

Attorney Colleen Cunnally of The Divorce Collaborative LLC

Massachusetts divorce and child support lawyer Colleen Cunnally was quoted in an article about collecting child support by Jennifer King on the Lawyers.com website today.   The article discusses the case of a mother from West Virginia and her efforts to have the court enforce her child support order against her ex-husband.  The article also highlights some of the challenges involved with collecting child support or alimony and public and private enforcement options.

Click here to read the article.

Are you owed back child support or alimony in Massachusetts?  If so, then the payor is in arrears and definitely on the Naughty List.

Not that it will make you feel any better, but according to US Census Bureau statistics quoted in the article, approximately 24%  of all child support payments are never paid and another 30% are only partially paid.  You are not alone, nor should you feel like you don’t have options.

There are a number of methods available to help recipients collect  child support.   In Massachusetts, the Department of Revenue has powerful chid enforcement options at their disposal including wage garnishment, the ability to suspend a driver’s license or registration, seize property, and even put someone in jail; but they represent the interests of the state, not the individual trying get the support paid, as Attorney Cunnally stated in the article.

 

Having your own Massachusetts child support lawyer that understands child support and effective collection options on your side is clearly valuable.

To read more abut Massachusetts child support, please click here.

If you need assistance with a child support case in Massachusetts, including a chid support modification or contempt, please call The Divorce Collaborative LLC at (877) 842-1199.

The Divorce Collaborative LLC has offices in Bedford, MA and Franklin, MA.

By Attorney Stephen McDonough, The Divorce Collaborative

MA Child support lawyer and divorce attorney in Franklin and Bedford, MA – serving the Concord, Lexington, Billerica, Medfield, Norfolk, Medway, Millis, Wrentham,  Mansfield, North Attleboro, Shrewsbury, Northboro, Westboro Massachusetts areas.

 

 

 

 

 

 

 

 

 

 

 

Posted in Child Support, Divorce, Divorce and Kids, Family and Divorce Financials, News & Updates, Post-divorce Issues | Tagged , | Leave a comment

New Massachusetts Alimony Law Video Presentation – in 3D!

Historically, the MA family court could not set durational limits on alimony. The new law changes that.

Major changes to the alimony system in MA have arrived.  Although the new statute does not go into effect until March 1, 2012, the Alimony Reform Act of 2011 is already making an impact both inside and outside the walls of the Massachusetts family and probate courts.

In order to help people understand the important parts of the new law, Massachusetts divorce attorney and mediator Stephen McDonough of The Divorce Collaborative LLC created a presentation on the Alimony Reform Act of 2011, which has been made into a short – yet incredibly entertaining – video.  Alas, it is not really in 3D, but if you want to still wear funny glasses then please feel free to do so.

The MA alimony video can be viewed below, or you can also visit our own “DivorceMA” channel on YouTube to view other educational videos about divorce and family law issues, including child support, property division, custody, etc.

Massachusetts Alimony Reform Act of 2011 – Video Highlights of the new law!

If you need additional information because you ay spousal support in Massachusetts and are wondering about modifying the amount or duration, or you receive alimony and want to know what to possibly expect, then you should talk with an experienced Massachusetts divorce and alimony lawyer at The Divorce Collaborative LLC.  Please call us at (877) 842-1199 to schedule a consultation in either our Bedford, MA or Franklin, MA office.

The Divorce Collaborative LLC  - serving clients throughout MA, including Middlesex County, Norfolk County, Bristol County, and Worcester County.  

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Everybody Wants Some! Social Security & Divorce in Massachusetts

Van Halen - TDC's fashion idols!

Like most government assistance programs, Social Security is confusing, especially when it comes to the topic of divorce.  In hopes of clearing up some of that confusion, here are some common questions and answers frequently asked by our Massachusetts divorce clients – with some classic 80s and 90s tunes thrown in for no particular reason.  Remember that Social Security is a federal system, and is thus regulated by federal statutes.   Your divorce agreement cannot alter the federal regulations.

Q:  I stayed home with the kids while my spouse was able to work and pay into Social Security for years. Can I be assigned my spouse’s benefits or part of  their benefits in the divorce?

Absolutely not. Social security MAY NOT be directly assigned, in whole or in part, to another party during a divorce.

Q:  That doesn’t seem fair. Is there any way for me to collect Social Security?

YES. You may be entitled to collect retirement benefits under your former spouse’s Social Security record.

 Q: Wait a minute, I worked hard for that money!  If my former spouse collects under my record how will that impact me?

The benefits collected by a former spouse will not reduce the benefits received by the contributing spouse.

Q: I am 55 and we were married for 5 years, can I collect now?

Survey says…..Buzzzzzzzzzz.   So, No… Read more

Posted in Divorce, Divorce Legal Information, Family and Divorce Financials, Post-divorce Issues, Property Division, Spousal Support | Leave a comment

Getting Divorced? Selecting Your Team – Part 2

If you are going through a Massachusetts divorce, chances are you are worried about your finances.  Clearly, people want to maintain their lifestyle as much as possible post-divorce; but running two households consumes more of the budget, or perhaps your spouse was laid off from his or her job.

When going through a divorce, you will first and foremost need information.  Without information – good information from a trusted source – how will you know how to make the best decisions for yourself and your children?  Well, you won’t.  Your first move should be to meet with a Massachusetts divorce attorney or attorney/mediator.  If your divorce is from another state, then you should talk to a lawyer from your jurisdiction of course.   In some cases, people may consult with a financial professional at the time of divorce.   For very complex cases or in other specific circumstances, divorce attorneys may enlist the assistance of a financial professional.   For example, an appraisal of a business may be needed or a pension may need to be evaluated.

There are a few things to consider when selecting a financial professional for help during your divorce.   Although this field is generally well-regulated, we know by watching the news that finding someone with high ethical standards is the key.  For those on the fringe or without certain professional education and training, there may be very little oversight or training.   Experience is also an important factor.  Here are some things to consider when selecting a financial professional:

  • Why are you hiring a financial professional?  Try to match your needs with the person’s experience and specialization. Do you need an expert in college financing or portfolio management?   Are you looking for a person that will work with both you and your spouse as a neutral expert as part of your divorce mediation or collaborative divorce?  This closely ties in with the next bullet point.
  • Credentials – There are professional designations you should look for, including:

- Certified Public Accountant (CPA)

- Certified Divorce Financial Professional – (CDFA)

- Certified Financial Professional (CFP)

-Certified Divorce Financial Planner (CDFP)

Beware of people who may be trying to capitalize on your situation.   Ask a lot of questions and do your homework.   Besides professional designations from respected organizations, you may also want to consider a person’s educational level and experience.   Ask if they have liability insurance and for professional references.

Licensed professionals, such as CPAs, CFPs, and CDFAs are required to attend ongoing training and education.   Other third-tier designations may have no such requirements.

An experienced Massachusetts divorce lawyer or mediator should be well-versed with the financial issues surrounding divorce.  Some may use advanced divorce financial software in their process to help you view different support scenarios, etc.  If you want to consult with a divorce financial professional, then asking a respected divorce lawyer in your area for a referral is a good place to start.

Stephen McDonough is a Massachusetts divorce lawyer and mediator.  He is the owner of the The Divorce Collaborative LLC, a law firm with offices in Franklin and Bedford, MA.    If you live in the Millis, Norfolk, Walpole, Medfield, Medway, Wrentham Concord, Lexington, Billerica, Carlisle area, and need more information about divorce, collaborative divorce, or mediation in Massachusetts, please visit www.divorcecollaborative.com or call (877) 842-1199.

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Massachusetts Alimony Reform Act Signed by the Governor

People have been waiting a long time for alimony reform in Massachusetts

On Monday, September 26, 2011, Governor Patrick signed the Massachusetts Alimony Reform Act of 2011.  The new law will go into effect on March 1, 2012, so we are in a bit of a transition period for a few more months.

For more detailed analysis of the MA Alimony Reform Act, please click here to go to our alimony page of our website. 

Another resource worth checking out is the website of the Massachusetts Alimony Reform Group.  This group was instrumental in bringing about the changes to the Massachusetts alimony laws.

If you are paying alimony now in Massachusetts, make sure you review the new law, including the sections that control when you may be able to file for a modification.  Those with shorter-length marriages are allowed to file for modifications first, beginning in March of 2013.  Although this delay may be frustrating to some, at least the phase in time for the modifications will help keep the Massachusetts Probate and Family Courts from being overwhelmed.

If you have questions about the new alimony law, please call us at (877) 842-1199 to schedule an appointment with a Massachusetts alimony and divorce attorney in our Bedford (Middlesex County) or Franklin (Norfolk County) MA offices, and continue to monitor our blog and website for more information.

The times, they are a-changin’.

The Divorce Collaborative LLC serves clients throughout Massachusetts, including Bristol, Middlesex, Suffolk, Norfolk, and Worcester Counties.

Posted in Divorce, Divorce Legal Information, Family and Divorce Financials, Massachusetts Alimony, News & Updates, Post-divorce Issues, Spousal Support | Tagged , , , , | Leave a comment

Your Massachusetts Divorce Support Team – Tips to Find the Right Therapist

Therapy can be helpful for people experiencicng divorce.

While the thought of trying to choose a psychotherapist might seem intimidating or even overwhelming, it is not as difficult as you think. If you have ever picked a date for the prom, a baby sitter for your children, or a car to purchase, then you already know you are able to make choices. That’s good news at least.  If you are considering a Massachusetts divorce or are in the middle of one, then you may want to consider adding a mental health professional to your support team.   If you do not think you would benefit from therapy, well according to your friends and relatives that we have secretly interviewed, you are just plain WRONG!  Just kidding.  Other options to therapy would include working with a divorce coach.  Coaching and therapy are not the same however.

But how do we pick the ‘right one’ when there are many mental health professionals to choose from?

We make a lot of decisions based on the process of elimination, intuition, just plain dumb luck, or some combination of these.  Choosing a licensed psychotherapist is not so different in that you will want to narrow the field of candidates, trust your gut instincts and hope for the best.  Probably the same process you would use when searching for a Massachusetts divorce attorney, divorce mediator, physician, or accountant.

Here are some basic tips to get you started down the right path: Read more

Posted in Collaborative Divorce, Divorce, Divorce Health & Wellness, Divorce Mediation | Tagged , , , , , , | Leave a comment

The Age of Over-sharing…Massachusetts Divorce and Social Media

Do you like social media? Your spouse's lawyer might like it, too.

It is hard to find someone these days who does not have a Facebook, Twitter, Google+, or Myspace account, or one of each.

Actually, does anyone still use Myspace?

Social media accounts are great for communicating with friends, reconnecting with old friends, and meeting new people. In fact, they are sometimes a little too effective..! Maybe you or your spouse did a little too much reconnecting?

What you may not realize is that your Facebook page or Twitter account could be the evidence that is used AGAINST you in your own Massachusetts divorce.  

 The Age of Oversharing

We share too much personal information online; it is hard to deny that fact. Whether it is pictures, status updates, wall posts, tweets, or a stalker-friendly tour of your day through location “check-ins”, almost every aspect of our personal lives these days can be shared online. Just through checking my own Facebook News Feed I know who is on vacation this week and where, who is working on a Saturday (…Steve), who just started or ended a relationship as well as a detailed account of their emotional state, and who had a little bit too much fun last weekend, complete with tagged pictures for my convenience.  How sweet is that!? Read more

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