Mediation, Collaborative Law or Litigation: What's your Vote?

One of the first things I explain to clients in our free one hour initial divorce consultation is that there are three types of professionals in Massachusetts who can help clients resolve their divorce case: Mediators, Lawyers trained in Collaborative Law, and traditional Litigators. Each of these methods has strengths and weaknesses, and they can be demonstrated by showing you how some well known couples might have experienced these various options:

Couple #1 - The Cleavers. Ward is a businessman and June is a stay-at-home mom. They have two children Wally and Beaver. Ward handles all of the finances and June handles most of the home care including parenting, although once in a while Ward is needed to help discipline the children (in a very stern but fair kind of way).

Couple #2 - The Huxtables. Cliff is a doctor and Claire is a lawyer. They have five children. They both share in parenting and managing the finances. Cliff's office is located in the home.

Couple #3 - The Honeymooners/The Kramdens. Ralph is a bus driver and Alice is currently unemployed but has worked as secretary at times when Ralph has been laid off. They have no children and Alice is primarily responsible for the management of the finances. Ralph often gets involved in ridiculous schemes that Alice claims have wasted their money. Ralph and Alice often insult each other, and Ralph makes constant threats such as "One of these days... Pow! Right in the kisser! One of these days Alice, straight to the moon!."

Please Vote for whether each couple should use mediation, collaborative law or litigation, by leaving your Comments below.

P.S. Thanks to DGVElaw for giving us the idea for this post with her estate planning couple.

Alimony Reform Update: Bill to be Filed in Early January

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law.

Fox25 News and Steve Hitner of Mass Alimony Reform are reporting that the Legislative Task Force on Alimony has reached agreement on a final draft for an Alimony Reform Bill of 2010. The Bill will likely be filed in the next few weeks and may then be subject to further changes in legislative committee. Once the bill is available, we will be posting our thoughts and comments.


MA Alimony Laws: Close to Reform?: MyFoxBOSTON.com

For more information see our previous posts on this subject:

Alimony Reform: Stay Tuned! - December 3, 2010
It's a Trap! The Massachusetts Alimony Debate - February 13, 2010

Alimony Reform Act approved Unanimously by the House

According to the Boston Globe, the Massachusetts House has approved the Alimony Reform Act of 2011 unanimously and the bill now waits for a vote by the Senate.

To read more about the act visit MassAlimonyFormula.com

What if I can't take the Parent Education Course? Is there an alternative option?

Under Standing Order 99-1 of the Probate & Family Court, if you have any minor children at the time of the filing of your divorce case, you are required to attend the Court-sponsored Parents Apart education program before you can present either a settlement of your case, or present your case for trial. A brochure which lists the names, addresses and telephone numbers of the various organizations that provide this program, in alphabetical order by town, is available by clicking here.

You should immediately enroll in and attend this course because your case cannot end until you have completed the course, which consists of two 3 hour sessions. After completion of the program you will be provided with a golden Certificate of Completion, which you must provide to the Court. If you give this golden copy to your attorney, they can ensure that it is properly filed with the Court and this requirement fulfilled.

But, what if you can't attend?

I have worked on numerous cases where one of the parties had moved to another country or state and was unable to return to Massachusetts to take the course, usually due to financial constraints. In those limited circumstances, Judge's will sometimes allow a Motion to Waive Attendance.

Pursuant to a recent Press Release from the Chief Justice of the Probate and Family Court Department, dated April 12, 2010, the court may suggest use of a DVD as a replacement for participation in the program (as a an alternative to a complete waiver).

According to the Press Release: "On a limited basis, use of a DVD program entitled KidCare for Co-Parents: An Educational Program for Divorcing Families is now available when a judge is considering a waiver.

KidCare for Co-Parents is a four and a half hour multimedia, interactive program which can be used with a DVD player on either a personal computer or a television screen. Completion of the interactive aspects of the DVD is required in order to obtain the Certificate of Attendance which must then be provided to the Court."