Courts in Massachusetts are backed up, always have been backed up, and will presumably be backed up for the foreseeable future. Because of this, divorce cases can often take over a year to complete, and the time that is actually spent in court can feel rushed due to the number of other cases. All too often a decision is made by the court leaving one spouse feeling as if he or she did not get a chance to tell the full story.
Mediation provides an opportunity for divorcing spouses to discuss the process of their separation in a more personal and private forum than in a court room, often times saving the divorcing couple thousands of dollars by avoiding expensive litigation. Divorcing spouses are able to speak to one another in the presence of the mediator, and deal with issues that a court might not want to spend too much time on.
Attorney Justin Kelsey brings his experience as a family law attorney with him into mediation in order to provide divorcing spouses with useful feedback regarding the legal issues of divorce. If mediation is successful, both divorcing spouses can go to court with a separation agreement drafted by the attorneys at Kelsey & Trask, P.C. to be reviewed by the judge before entering it as a judgment. If you and your spouse have decided that you want a divorce, but would like the process to be handled carefully and privately without having to spend a fortune and put your life on hold for years as the court process plays out, or if you have any questions as to how divorce mediation works, call attorney Justin Kelsey to schedule a free one-hour consultation at 508 655-5980.
Wednesday, September 12, 2012
Tuesday, September 11, 2012
5 Worst Divorce Mistakes - MISTAKE #4: "Do I have to tell the court about EVERYTHING?"
MISTAKE #4: FAILING TO MAKE FULL DISCLOSURE
Another costly mistake that many parties make in divorce cases is failing to disclose all of their assets or debts. As we have previously stated, divorce is about the break-up of a business partnership. If we don't know what went into the partnership, how can we split it up appropriately and completely.
Whether through laziness or deceitfulness, parties often fail to put all of their information on their Rule 401 Financial Statement. Financial Statements, however, are signed under the pains and penalties of perjury as TRUE, ACCURATE, and COMPLETE statements of all of your income, expenses, assets and liabilities. The consequences of lying or filing an incomplete Financial Statement are significant, and could include a Judge finding you to be an unreliable witness at trial (i.e. take all relevant testimony from your spouse only). In addition, if a settlement is reached in your case and it is later discovered that a particular asset was left off your Financial Statement, the settlement could be voided for fraud, and that asset awarded to your spouse.
Not taking the form seriously is such a typical mistake that one of the most common ways that a lawyer will cross-examine a party in a divorce case is to compare different financial statements filed during the course of the case. Carelessness often leads to inconsistencies that can make you look like a liar.
Even worse, parties that think that they can hide assets, are often found out. Not only is all of their testimony suspect from that point on, the Judge is then highly motivated to award an uneven share of the known assets to the other party in the event there are other hidden assets.
In short, take the Financial Statement seriously and don't lie. Full disclosure is the key to a reasonable and quick settlement. Failure to disclose will almost certainly ensure drawn out and expensive litigation.
Click here to view Mistake #3.
Another costly mistake that many parties make in divorce cases is failing to disclose all of their assets or debts. As we have previously stated, divorce is about the break-up of a business partnership. If we don't know what went into the partnership, how can we split it up appropriately and completely.
Whether through laziness or deceitfulness, parties often fail to put all of their information on their Rule 401 Financial Statement. Financial Statements, however, are signed under the pains and penalties of perjury as TRUE, ACCURATE, and COMPLETE statements of all of your income, expenses, assets and liabilities. The consequences of lying or filing an incomplete Financial Statement are significant, and could include a Judge finding you to be an unreliable witness at trial (i.e. take all relevant testimony from your spouse only). In addition, if a settlement is reached in your case and it is later discovered that a particular asset was left off your Financial Statement, the settlement could be voided for fraud, and that asset awarded to your spouse.
Not taking the form seriously is such a typical mistake that one of the most common ways that a lawyer will cross-examine a party in a divorce case is to compare different financial statements filed during the course of the case. Carelessness often leads to inconsistencies that can make you look like a liar.
Even worse, parties that think that they can hide assets, are often found out. Not only is all of their testimony suspect from that point on, the Judge is then highly motivated to award an uneven share of the known assets to the other party in the event there are other hidden assets.
In short, take the Financial Statement seriously and don't lie. Full disclosure is the key to a reasonable and quick settlement. Failure to disclose will almost certainly ensure drawn out and expensive litigation.
Click here to view Mistake #3.
Sunday, September 9, 2012
Can you Go to Jail for Bringing Your Child to Church?
Getting divorced doesn’t always mean the end of a relationship. When parents of a child get divorced, there is a need for some form of continuing communication and cooperation. When parents fail to recognize that need for ongoing cooperation, the child is the one who suffers.
The latest example of parents putting their child in the middles is the story of Joseph and Rebecca Reyes as reported in this ABC news story:
Joseph Reyes returned home from serving in Afghanistan and soon married his sweetheart, Rebecca. Because Rebecca is Jewish and Joseph was Catholic, Joseph converted to Judaism to make his wife, and her family, happy. After a few years, and the birth of a daughter, their marriage had started to deteriorate.
Religion became a contentious issue between the two, and they decided to get divorced. Rebecca became the daughter’s custodial parent, and Joseph had visitation rights. Although Rebecca had been raising their daughter in the Jewish faith, Joseph unilaterally decided to have her baptized. He sent pictures of the baptism to Rebecca, who responded by getting a court order prohibiting Joseph from bringing the girl to church. In response, Joseph had a local television crew follow him as he brought his daughter to church in violation of this order, for which he now may face jail time.
While some have been quick to criticize this as what feels like an unconstitutional endorsement of one religion over another, the issue was that Joseph had his daughter baptized without first discussing the matter with Rebecca. Getting along with an ex-spouse is often not an easy task, but some level of cooperation is necessary for the healthy upbringing of any children caught in the middle. With Joseph and Rebecca, regardless of who “wins” in a courtroom, their daughter loses.
Parents who find themselves struggling over child-care issues with an ex-spouse should consider going to a therapist with experience in post-divorce relationships, taking advantage of the resources that organizations such as The Divorce Center offer, or trying mediation. It’s certainly in the best interests of the child to work towards agreement on these types of issues rather than involving T.V. cameras.
The latest example of parents putting their child in the middles is the story of Joseph and Rebecca Reyes as reported in this ABC news story:
Joseph Reyes returned home from serving in Afghanistan and soon married his sweetheart, Rebecca. Because Rebecca is Jewish and Joseph was Catholic, Joseph converted to Judaism to make his wife, and her family, happy. After a few years, and the birth of a daughter, their marriage had started to deteriorate.
Religion became a contentious issue between the two, and they decided to get divorced. Rebecca became the daughter’s custodial parent, and Joseph had visitation rights. Although Rebecca had been raising their daughter in the Jewish faith, Joseph unilaterally decided to have her baptized. He sent pictures of the baptism to Rebecca, who responded by getting a court order prohibiting Joseph from bringing the girl to church. In response, Joseph had a local television crew follow him as he brought his daughter to church in violation of this order, for which he now may face jail time.
While some have been quick to criticize this as what feels like an unconstitutional endorsement of one religion over another, the issue was that Joseph had his daughter baptized without first discussing the matter with Rebecca. Getting along with an ex-spouse is often not an easy task, but some level of cooperation is necessary for the healthy upbringing of any children caught in the middle. With Joseph and Rebecca, regardless of who “wins” in a courtroom, their daughter loses.
Parents who find themselves struggling over child-care issues with an ex-spouse should consider going to a therapist with experience in post-divorce relationships, taking advantage of the resources that organizations such as The Divorce Center offer, or trying mediation. It’s certainly in the best interests of the child to work towards agreement on these types of issues rather than involving T.V. cameras.
Friday, September 7, 2012
What is a Parenting Plan? What is the best Parenting Plan for my children?
A Parenting Plan is a comprehensive agreement which sets out both the time that children will spend with each parent as well as the rights and obligations of each parent to the children and the other parent during their parenting time. It can include a holiday visitation schedule, pick-up and drop-off locations, and even agreements relating to what will happen if one of the children becomes ill. Parenting Plans are necessary when two parents live apart (whether because they were never married, are divorced, getting divorced, or simply choosing to live separate and apart).
Parenting Plans can be made specific in instances where it is necessary to prevent future conflict, and they can be made flexible so that you and the other parent can make agreements outside of the parenting plan in unforeseen circumstances.
The best Parenting Plan for each family will depend on the ages of the children in that family,the schedules of both the parents and the children, the relative parenting abilities of each parent, any special needs of the children, and the family's traditions. Many people have trouble figuring out where to start in creating a parenting plan and in order to assist separate parents, the Massachusetts Courts asked a a Task Force of judges, lawyers, probation officers and mental health professionals to provide Model Parenting Plans. The Plans are available on the Massachusetts Courts website and although not mandatory or presumptive they can be helpful in designing a Parenting Plan that reflects the ages of the children and the relative involvement of each parent. While these schedules may not work for every family, they are instructive as to what many experts believe are the types of schedules most likely to encourage positive child development.
When considering the best Parenting Plan for their family, we encourage our clients to review these Model Parenting Plans as well as the guide: Planning for Shared Parenting: A Guide for Parents Living Apart.
Thank you to Fern Frolin of Grindle, Robinson, GoodHue & Frolin for bringing this latest news to our attention in her presentation at the MCFM Family Mediation Institute on November, 22, 2010.
Parenting Plans can be made specific in instances where it is necessary to prevent future conflict, and they can be made flexible so that you and the other parent can make agreements outside of the parenting plan in unforeseen circumstances.
The best Parenting Plan for each family will depend on the ages of the children in that family,the schedules of both the parents and the children, the relative parenting abilities of each parent, any special needs of the children, and the family's traditions. Many people have trouble figuring out where to start in creating a parenting plan and in order to assist separate parents, the Massachusetts Courts asked a a Task Force of judges, lawyers, probation officers and mental health professionals to provide Model Parenting Plans. The Plans are available on the Massachusetts Courts website and although not mandatory or presumptive they can be helpful in designing a Parenting Plan that reflects the ages of the children and the relative involvement of each parent. While these schedules may not work for every family, they are instructive as to what many experts believe are the types of schedules most likely to encourage positive child development.
When considering the best Parenting Plan for their family, we encourage our clients to review these Model Parenting Plans as well as the guide: Planning for Shared Parenting: A Guide for Parents Living Apart.
Thank you to Fern Frolin of Grindle, Robinson, GoodHue & Frolin for bringing this latest news to our attention in her presentation at the MCFM Family Mediation Institute on November, 22, 2010.
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