When Should You Choose Collaborative Divorce?

There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Massachusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome. We consider best outcome to include minimizing conflict and acrimony and maintaining post divorce relationships, in addition to financial results, which clients will sometimes make the mistake of concentrating on to the exclusion of other considerations. It is our belief that collaborative law optimizes the chances for a best outcome but it is not indicated in every case.

What is collaborative divorce?

You should see the other article entitled Getting Divorced? You Have Options by this author for details, but essentially in Collaborative Divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement. Clients agree in advance not to go to court except for obtaining of the divorce judgment, in an uncontested proceeding. Negotiations are conducted primarily in meetings with clients and attorneys in the room. Full disclosure and transparency is the hallmark of this process. Gamesmanship, threats to see you in court and the like are absent from this process. In the event the case does not settle, the collaborative attorneys are required to withdraw from the case and the clients choose new litigation counsel. With this feature the attorneys have no incentive to foster litigation.

Sounds Great right? Why shouldn’t everyone choose Collaborative Divorce? The following are reasons NOT to choose collaborative law:

1. Domestic violence or child abuse. Any history of recent domestic violence makes it foolish and perhaps even dangerous to consider a process in which parties are required to sit in the same room.

2. History of Financial misconduct: In a contested divorce financial restraining orders preventing the transfer of assets can be obtained automatically upon commencement of the case. This can prevent marital assets from disappearing. If there is a meaningful concern about this kind of behavior, clients should go to court immediately.

3. Serious mental illness: If one party has major depression, substance abuse, or psychosis, Collaborative Law is unlikely to work, although there is little risk in trying. Often an experienced Collaborative Lawyer is the best resource a person with such a disability can have, although, there may be a need for court intervention if the party’s ability to participate in the process is seriously impaired. In that situation a court appointed Guardian ad Litem will be appointed to act on behalf of the impaired spouse, and in such situations, Collaborative Divorce may be difficult to pursue.

4. If one party is not committed to the Process. For Collaborative divorce to work, both parties have to be committed to attempting to work in this fashion. If one party refuses to be transparent about disclosing information, or is using the Collaborative Divorce process as a way to delay or avoid dealing with the hard issues, then the only way to move things along so the parties can finally be divorced, is to go to court.

Most litigated cases end up settling eventually and for that reason even if Collaborative Divorce, as formally practiced is inappropriate, it does not mean that your divorce will be World War III, however, it is important that clients not be afraid to obtain the protection of the court when indicated.

For questions about this subject and any other questions relating to divorce in Massachusetts, please email the author: hgoldstein@rfglawyers.com or call Howard Goldstein at 617-964-7000 Massachusetts Divorce Lawyer

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14 August

When Should You Choose Collaborative Divorce?

There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Massachusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome. We consider best outcome to include minimizing conflict and acrimony and maintaining post divorce relationships, in addition to financial results, which clients will sometimes make the mistake of concentrating on to the exclusion of other considerations. It is our belief that collaborative law optimizes the chances for a best outcome but it is not indicated in every case.

What is collaborative divorce?

You should see the other article entitled Getting Divorced? You Have Options by this author for details, but essentially in Collaborative Divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement. Clients agree in advance not to go to court except for obtaining of the divorce judgment, in an uncontested proceeding. Negotiations are conducted primarily in meetings with clients and attorneys in the room. Full disclosure and transparency is the hallmark of this process. Gamesmanship, threats to see you in court and the like are absent from this process. In the event the case does not settle, the collaborative attorneys are required to withdraw from the case and the clients choose new litigation counsel. With this feature the attorneys have no incentive to foster litigation.

Sounds Great right? Why shouldn’t everyone choose Collaborative Divorce? The following are reasons NOT to choose collaborative law:

1. Domestic violence or child abuse. Any history of recent domestic violence makes it foolish and perhaps even dangerous to consider a process in which parties are required to sit in the same room.

2. History of Financial misconduct: In a contested divorce financial restraining orders preventing the transfer of assets can be obtained automatically upon commencement of the case. This can prevent marital assets from disappearing. If there is a meaningful concern about this kind of behavior, clients should go to court immediately.

3. Serious mental illness: If one party has major depression, substance abuse, or psychosis, Collaborative Law is unlikely to work, although there is little risk in trying. Often an experienced Collaborative Lawyer is the best resource a person with such a disability can have, although, there may be a need for court intervention if the party’s ability to participate in the process is seriously impaired. In that situation a court appointed Guardian ad Litem will be appointed to act on behalf of the impaired spouse, and in such situations, Collaborative Divorce may be difficult to pursue.

4. If one party is not committed to the Process. For Collaborative divorce to work, both parties have to be committed to attempting to work in this fashion. If one party refuses to be transparent about disclosing information, or is using the Collaborative Divorce process as a way to delay or avoid dealing with the hard issues, then the only way to move things along so the parties can finally be divorced, is to go to court.

Most litigated cases end up settling eventually and for that reason even if Collaborative Divorce, as formally practiced is inappropriate, it does not mean that your divorce will be World War III, however, it is important that clients not be afraid to obtain the protection of the court when indicated.

For questions about this subject and any other questions relating to divorce in Massachusetts, please email the author: hgoldstein@rfglawyers.com or call Howard Goldstein at 617-964-7000 Massachusetts Divorce Lawyer

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13 August

When Should You Choose Collaborative Divorce?

There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Massachusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome. We consider best outcome to include minimizing conflict and acrimony and maintaining post divorce relationships, in addition to financial results, which clients will sometimes make the mistake of concentrating on to the exclusion of other considerations. It is our belief that collaborative law optimizes the chances for a best outcome but it is not indicated in every case.

What is collaborative divorce?

You should see the other article entitled Getting Divorced? You Have Options by this author for details, but essentially in Collaborative Divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement. Clients agree in advance not to go to court except for obtaining of the divorce judgment, in an uncontested proceeding. Negotiations are conducted primarily in meetings with clients and attorneys in the room. Full disclosure and transparency is the hallmark of this process. Gamesmanship, threats to see you in court and the like are absent from this process. In the event the case does not settle, the collaborative attorneys are required to withdraw from the case and the clients choose new litigation counsel. With this feature the attorneys have no incentive to foster litigation.

Sounds Great right? Why shouldn’t everyone choose Collaborative Divorce? The following are reasons NOT to choose collaborative law:

1. Domestic violence or child abuse. Any history of recent domestic violence makes it foolish and perhaps even dangerous to consider a process in which parties are required to sit in the same room.

2. History of Financial misconduct: In a contested divorce financial restraining orders preventing the transfer of assets can be obtained automatically upon commencement of the case. This can prevent marital assets from disappearing. If there is a meaningful concern about this kind of behavior, clients should go to court immediately.

3. Serious mental illness: If one party has major depression, substance abuse, or psychosis, Collaborative Law is unlikely to work, although there is little risk in trying. Often an experienced Collaborative Lawyer is the best resource a person with such a disability can have, although, there may be a need for court intervention if the party’s ability to participate in the process is seriously impaired. In that situation a court appointed Guardian ad Litem will be appointed to act on behalf of the impaired spouse, and in such situations, Collaborative Divorce may be difficult to pursue.

4. If one party is not committed to the Process. For Collaborative divorce to work, both parties have to be committed to attempting to work in this fashion. If one party refuses to be transparent about disclosing information, or is using the Collaborative Divorce process as a way to delay or avoid dealing with the hard issues, then the only way to move things along so the parties can finally be divorced, is to go to court.

Most litigated cases end up settling eventually and for that reason even if Collaborative Divorce, as formally practiced is inappropriate, it does not mean that your divorce will be World War III, however, it is important that clients not be afraid to obtain the protection of the court when indicated.

For questions about this subject and any other questions relating to divorce in Massachusetts, please email the author: hgoldstein@rfglawyers.com or call Howard Goldstein at 617-964-7000 Massachusetts Divorce Lawyer

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11 August

The American With Disabilities Act (ADA) &amp Reasonable Accomodations

JAN – the Job Accommodation Network is, without doubt, the absolute best resource and link for anyone who is disabled, who is facing becoming disabled, and who is still working! The purposes of this article are:

to describe what this Resource is;

to give you an example of what types of information it can provide for you;

to give you an example (from my own experience) of how you can trigger the ADA (Americans with Disability Act) to continue working as your company provides you with reasonable accommodations;

and, to give you a link to this very valuable website.

OK, let’s say that you have just been told by your Neurologist that the series of conditions that have been making you miserable for over the past 35 years really are the result of Multiple Sclerosis (MS). My first reaction was, OH DARN!!!

At this point in time, I was struggling to keep 2 kids in college, and was working in the best job that I had ever had! I was the Vice President of Human Resources for a Ship Repair Yard. My staff and I provided Human Resorces services to over 2,500 employees in 11 crafts (Unions) running a 24 (hour)/7 (days) week operations. (Note: you can see more about me by going to the About Us section of the www.disabilitykey.com website.)

My next reaction, since I am an ingrained control freak, I decided to become an Expert Patient, even though I would not discover that phrase until over a decade later. If I was to become a Chronic Disease Self-Manager (again, I would not discover that phrase until over a dacade later) I needed to know all about Multiple Sclerosis, its symptoms, and, for whatever symptoms I had, their explicit impact on me. For, you see, my wonderful Doctor and I had been practicing Patient-centered health care (another yet-to-be-discovered concept) for years up to that point.

AND, since I still had bills to pay, two kids to keep in college (and those of you who have experienced this, you KNOW how expensive college is these days) I needed to keep working. But, my job skills were becoming increasingly more impacted by my MS symptoms. I knew that I must research, in addition to the disease, the concept of working while disabled.

Here, in a nutshell, is what I discovered. (By the way – I very much wish that there had been information like this for me to access when I needed it; that’s one of the reasons that I am so passionate about providing the information to y’all, so that you can use it in your own unique situations.)

I learned that there was a federal law called ADA. (OK, truth time; I already knew about this law as a Human Resources professional; what I mean to say, is that now I knew about the law as a DISABLED PERSON. Believe you me, the two knowings are as different as are night from day! One is academic, the other is experiential. It is the very nature of my experiential knowledge about disability and other stuff that fires me up to share the information with you so you don’t have to recreate the wheel.) Here is how the JAN describes WHAT the patterns and pracatices of a Company’s employment nondiscrimination policies are under the ADA: The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

This is how the JAN describes WHO is covered by the ADA: Employment discrimination is prohibited against qualified individuals with disabilities. This includes applicants for employment and employees. An individual is considered to have a disability if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

Please note the sentence in red ink, and praticularly the words in bold that are larger. It is very important that you understand that you need not just have a physical or mental impairment, that/those impairment(s) must substantially limit one or more major of life’s activities, and, furthermore, you must have documentation of that impairment ( and/or be regarded as having such an impairment, which basically means that the impairment and it’s limitations must be documented).

It is this information in red ink that made me realize the great truth about working and disability: I had to do the work myself to determine what my impairements were, and what activities they impacted; I had to become that Expert Patient who was also an Expert Disabled Worker! Here’s how the JAN describes a qualified individual with disabilities:

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Requiring the ability to perform essential functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.

Next step, get a copy of the Job Description for your job. The job description should detail what is called the Essential Duties (or Functions) of the Job. (Note: a copy of a Job Description that has such essential duties described, and the process of how to get one from your company’s Human Resource department can be found at the www.disabilitykey.com website in the Disabilitykey Workbook. This Workbook is an e-book of over 100 pages with How-To’s and lots of forms and examples. It can be purchased for a minimum cost.)

OK, you know your symptoms and their impacts upon you, and you have detailed them (once again, how to do this is covered in the Disabilitykey Workbook). Now you have to look at the Job Description for your own Job, and decide what you can and can’t do.

OK, this is really hard stuff to do. That’s where the JAN comes in that is so helpful! It has a link on the left hand column called Accommodation Toolbox. If you click on this box, it will take you to a page with a wealth of information. Scroll down about an 15% of the page and you will find a section entitled Accommodation Ideas. When you click on this section, you will find an index of illnesses/conditions, with some great information for you. You will need to understand accommodation ideas to

Here’s what the JAN has to say about Reasonable Accommodations, and about some accommodations applicants and employees may/can need.

Q. What is reasonable accommodation?

A. Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

Q. What are some of the accommodations applicants and employees may need?

A. Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs.

Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.

So, I now know my symptoms and their impacts; I know about the ADA, and about something called reasonable accommocations. I have a copy of my Job Description, and am now trying to compare ME to the job’s Essential Duties.

About Disabilitykey.com & Carolyn Magura:

Disabilitykey.com is a website designed to assist each person in his/her own unique quest to navigate through the difficult and often conflicting and misleading information about coping with disabilities.

Carolyn Magura, noted disability / ADA expert, has written an e-Book documenting the process that allowed her to:

a) continue to work and receive her ?full salary? while on Long Term Disability; and

b) become the first person in her State to qualify for Social Security Disability the FIRST TIME, in UNDER 30 DAYS.

Click here to receive Carolyn ’s easy-to-read, easy-to-follow direct guide through this difficult, trying process. If you are disabled, don’t let this disabiling process disable you. Read Carolyns Disability Key Blog.

9 August

When Should You Choose Collaborative Divorce?

There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Massachusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome. We consider best outcome to include minimizing conflict and acrimony and maintaining post divorce relationships, in addition to financial results, which clients will sometimes make the mistake of concentrating on to the exclusion of other considerations. It is our belief that collaborative law optimizes the chances for a best outcome but it is not indicated in every case.

What is collaborative divorce?

You should see the other article entitled Getting Divorced? You Have Options by this author for details, but essentially in Collaborative Divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement. Clients agree in advance not to go to court except for obtaining of the divorce judgment, in an uncontested proceeding. Negotiations are conducted primarily in meetings with clients and attorneys in the room. Full disclosure and transparency is the hallmark of this process. Gamesmanship, threats to see you in court and the like are absent from this process. In the event the case does not settle, the collaborative attorneys are required to withdraw from the case and the clients choose new litigation counsel. With this feature the attorneys have no incentive to foster litigation.

Sounds Great right? Why shouldn’t everyone choose Collaborative Divorce? The following are reasons NOT to choose collaborative law:

1. Domestic violence or child abuse. Any history of recent domestic violence makes it foolish and perhaps even dangerous to consider a process in which parties are required to sit in the same room.

2. History of Financial misconduct: In a contested divorce financial restraining orders preventing the transfer of assets can be obtained automatically upon commencement of the case. This can prevent marital assets from disappearing. If there is a meaningful concern about this kind of behavior, clients should go to court immediately.

3. Serious mental illness: If one party has major depression, substance abuse, or psychosis, Collaborative Law is unlikely to work, although there is little risk in trying. Often an experienced Collaborative Lawyer is the best resource a person with such a disability can have, although, there may be a need for court intervention if the party’s ability to participate in the process is seriously impaired. In that situation a court appointed Guardian ad Litem will be appointed to act on behalf of the impaired spouse, and in such situations, Collaborative Divorce may be difficult to pursue.

4. If one party is not committed to the Process. For Collaborative divorce to work, both parties have to be committed to attempting to work in this fashion. If one party refuses to be transparent about disclosing information, or is using the Collaborative Divorce process as a way to delay or avoid dealing with the hard issues, then the only way to move things along so the parties can finally be divorced, is to go to court.

Most litigated cases end up settling eventually and for that reason even if Collaborative Divorce, as formally practiced is inappropriate, it does not mean that your divorce will be World War III, however, it is important that clients not be afraid to obtain the protection of the court when indicated.

For questions about this subject and any other questions relating to divorce in Massachusetts, please email the author: hgoldstein@rfglawyers.com or call Howard Goldstein at 617-964-7000 Massachusetts Divorce Lawyer

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5 August

How To Keep Attorney Fees DOWN In A Child Case

Very few people sit around, trying to think of ways to pay their lawyer MORE money. Actually, they are probably sitting around, thinking that THEIR lawyer is sitting around, thinking about ways to CHARGE more money. This isn’t true – lawyers can charge plenty of money ethically, because litigation is complex, and usually involves hours of preparation. Lawyers usually charge by the hour. Hours of preparation. Hourly rate. Hours hours hours…

So how do you keep the lawyer fees down? REDUCE the hours the lawyer charges for preparation! In other words, there are things you can gather or prepare for your case, that could be done by your lawyer. If they are done by you, the cost to you is time.

For example, let’s take a divorce, with a modest estate, with custody at dispute. Since the divorce involves property, give your lawyer the last 4 or 5 bank statements, portfolio statements, 401(k) or pension statements, and other such investment and financial statements. Own a house? Provide the last appraisal. No appraisal? In that case, it’s actually cheaper to just order one right now, because it’s going to come in eventually. Oh, and all the same documents for your spouse (don’t break any laws getting the documents, however. It’s not necessary). Make a list of all your deductions fromyour paycheck, utility bills, monthly payments (like car payments, insurance, etc.), other regular payments (like quarterly tax payments, real estate taxes, etc.). Your locality may have a form for this, but do it now on your own.

INVENTORY YOUR HOUSE! There is NOTHING more important than to have an accurate list of the items in your house. If anything is declared on insurance riders, like jewelry or musical instruments, include that also. Take pictures of every room, with the furniture in its usual place. If you have receipts for items you purchased, get them! Make a note of any item you think is not or should not be marital property. You may be wrong on everything, but having such a list makes it easier to review and develop strategy with your lawyer.

Income is usually looked at, so bring your last 4 or 5 Federal and state income tax returns and attachments, 6 months of pay stubs and bonuses, and statements showing investment income. If you run your own business, your books! Profit and loss statements, balance sheets, and checking account statements. Same information for your spouse, if you can get it easily. Bring any documents showing the existence of loans.

Where custody is involved, get school records, medical records, pickup and dropoff logs at the daycare, diaries, letters from the children to you, counseling records, and the like. Go through your check book (if it’s your name or is a joint account) and make a list of checks you wrote for ANYTHING involving the children. If it’s a joint account, then list EVERY check involving the children, whether you or your spouse actually wrote the check, because a joint account means it is your money, regardless of who wrote the check.

Finally, SUMMARIZE! First, ask your lawyer to ASK you to summarize. That way it’s work product and can’t be discovered by the other side. Summaries are excellent tools to save you money on lawyer fees by focusing the lawyer on the important facts. At the same time, summaries help you remember key points, and develop the story of your case.

The suggestions in this article will save you money, by saving your lawyer the time to gather these documents. It might annoy you,to do what you hired a lawyer to do … until you remember that you hired your lawyer to PRESENT the case. Take yourself out to dinner on the money you save!

Erik Carter is an experienced family law litigator. He has created a website to help non-custodial fathers at http://onestop.easystorecreator.net He has also written two books: Aggressive Pleadings For The Non-Custodial Father http://dadspleadings.easystorecreator.net and Six Temptations Of Jesus Christ http://www.knowledge-download.com/SixTemptations

26 July

When Should You Choose Collaborative Divorce?

There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Massachusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome. We consider best outcome to include minimizing conflict and acrimony and maintaining post divorce relationships, in addition to financial results, which clients will sometimes make the mistake of concentrating on to the exclusion of other considerations. It is our belief that collaborative law optimizes the chances for a best outcome but it is not indicated in every case.

What is collaborative divorce?

You should see the other article entitled Getting Divorced? You Have Options by this author for details, but essentially in Collaborative Divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement. Clients agree in advance not to go to court except for obtaining of the divorce judgment, in an uncontested proceeding. Negotiations are conducted primarily in meetings with clients and attorneys in the room. Full disclosure and transparency is the hallmark of this process. Gamesmanship, threats to see you in court and the like are absent from this process. In the event the case does not settle, the collaborative attorneys are required to withdraw from the case and the clients choose new litigation counsel. With this feature the attorneys have no incentive to foster litigation.

Sounds Great right? Why shouldn’t everyone choose Collaborative Divorce? The following are reasons NOT to choose collaborative law:

1. Domestic violence or child abuse. Any history of recent domestic violence makes it foolish and perhaps even dangerous to consider a process in which parties are required to sit in the same room.

2. History of Financial misconduct: In a contested divorce financial restraining orders preventing the transfer of assets can be obtained automatically upon commencement of the case. This can prevent marital assets from disappearing. If there is a meaningful concern about this kind of behavior, clients should go to court immediately.

3. Serious mental illness: If one party has major depression, substance abuse, or psychosis, Collaborative Law is unlikely to work, although there is little risk in trying. Often an experienced Collaborative Lawyer is the best resource a person with such a disability can have, although, there may be a need for court intervention if the party’s ability to participate in the process is seriously impaired. In that situation a court appointed Guardian ad Litem will be appointed to act on behalf of the impaired spouse, and in such situations, Collaborative Divorce may be difficult to pursue.

4. If one party is not committed to the Process. For Collaborative divorce to work, both parties have to be committed to attempting to work in this fashion. If one party refuses to be transparent about disclosing information, or is using the Collaborative Divorce process as a way to delay or avoid dealing with the hard issues, then the only way to move things along so the parties can finally be divorced, is to go to court.

Most litigated cases end up settling eventually and for that reason even if Collaborative Divorce, as formally practiced is inappropriate, it does not mean that your divorce will be World War III, however, it is important that clients not be afraid to obtain the protection of the court when indicated.

For questions about this subject and any other questions relating to divorce in Massachusetts, please email the author: hgoldstein@rfglawyers.com or call Howard Goldstein at 617-964-7000 Massachusetts Divorce Lawyer

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21 July

California Easy Divorce

People ask whether a California Easy Divorce is possible. Sure it is – when both parties will work together to expedite the process. A California Easy Divorce will not be completed when the husband or the wife wants to dispute any of the issues. Just like other states, California has set rules that have to be followed before you can get a divorce. This fact is unavoidable.

Clients ask, how is it possible for one spouse to impede a California Easy Divorce? They can do so by arguing about issues, such as grounds for divorce under circumstances where grounds are required to be agreed on, or by choosing to dispute issues such as (a) what property to divide, (b) who the children will live with & how custodial time will be divided, or (c) how to determine if alimony ought to be given the situation.

All issues that have to be addressed prior to getting a California divorce can also be argued about. So, if you or your spouse wants to delay & halt an Easy Divorce, it can be done.

Then again, these issues could also be stipulated upon. If both parties need to agree to a California divorce, you must have agreed on all of the outstanding issues and enter into the California Easy Divorce. Therefore the number one matter that you need to determine should be whether each of you want to agree to work out a California Easy Divorce.

When both parties have agreed that you are going to negotiate a California Easy Divorce, you or your spouse will be required to ascertain the way to get all of the court papers completed and filed. One easy way to do this is to retain just one attorney to represent you and your spouse in order to write up all the court papers. Many clients do not want to work with just one lawyer and need to have independent legal guidance from a separately retained lawyer. However, it is likewise very common to engage two attorneys and have one of them complete all of the California divorce court papers that you and your spouse require, and then arrange to have the other lawyer agree upon them.

One more method for you to obtain a California Easy Divorce would be to review and utilize one of the internet services to prepare all of the documents on your behalf. You can pick out an internet service from those available and they can prepare the court papers required for a California Easy Divorce. If you use such a divorce service, be sure you and your spouse will be getting divorce forms pertinent for California.

There are three different types of internet services out on the net. If you decide you want to use an internet service to prepare your California Easy Divorce, you are going to need to engage one of these services.

One type of internet service will mail to you the legal forms for a California divorce. The legal forms should arrive with complete with instructions for how to fill them in, however, you will be required to fill them out yourself.

Another type of service is an internet service complete forms preparation company. That category of company asks that you fill out questionnaires with respect to your family. Then, this particular type of internet service will actually fill out the pertinent California divorce legal forms for you and your spouse and forward them to you with instructions explaining how to submit them.

Another of internet service is a complete service and sometimes can be offered by a law firm. This form of internet service is going to mandate that you and your spouse prepare questionnaires, in order to complete the required documents, then they will acquire the signatures required from both parties, and then the service will actually file the legal paperwork that you need. This category of divorce service is almost always significantly more pricy than the other two since the parties shall actually remit the filing fees to the company and they will file the divorce forms.

With the other types of internet services you can hire for your divorce, the parties docket all of the legal papers themselves and they will have to pay the California Divorce filing fees on your own.

Divorce Attorney Jean Mahserjian makes it easier to make it through your divorce by providing you with the information you need to understand the divorce process. To download free excerpts from her books, visit: Divorce Help.

19 July

Find A Good Family Law Attorney

If you are in need of locating a good attorney, one who specializes in family law, then you need someone who can look after your interests as well as the interests of your children. I have listed five options to help you find the attorney who is right for you.

1. Check with Friends, Family ? People you know can be an excellent resource to help you locate a family law attorney. Somebody you know probably has been through a similar experience; their advice and support can be useful to you.

2. The Bar Association ? A local or state bar association can be a wonderful resource as they will tell you which of their members specialize in Family Law. Get a hold of that list, contact the attorneys directly, and interview them. Typically, your first visit is free so that you can learn what the family law attorney will do for you, their fee structure, and much more.

3. Legal Aid Societies ? Your state or county should have a legal aid society. If you find that the cost of retaining counsel is prohibitive, consider contacting your local chapter for help. Some will offer their services for free or ?pro bono.? Some attorneys will charge you based on a sliding scale, taking into consideration your ability to repay. For parents with limited means, this can be a terrific option.

4. Research ? Your library has legal directories featuring all kinds of legal professionals, while the internet is an excellent resource for accurate and up to date information. Forums, list servs, ads, and articles like the one you are reading now can be good sources to help you find attorney related information.

5. Check the Phone Book ? One of the most popular places for attorneys to list their availability is with an old stand by: your phone book. Right smack dab in the yellow pages you will find scores of attorneys featured with all the of their contact information listed, including web sites.

Divorce certainly isn?t fun, in fact it is downright painful. Your children will suffer, but you can help ease the transition for them and you by finding an attorney who is compassionate and caring. For additional support and spiritual guidance, arrange a visit with your pastor today.

Copyright 2006 ? For additional information regarding Matt Keegan, The Article Writer, please visit his blog for wit, quips, and freelance writing tips.

17 July

When Should You Choose Collaborative Divorce?

There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Massachusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome. We consider best outcome to include minimizing conflict and acrimony and maintaining post divorce relationships, in addition to financial results, which clients will sometimes make the mistake of concentrating on to the exclusion of other considerations. It is our belief that collaborative law optimizes the chances for a best outcome but it is not indicated in every case.

What is collaborative divorce?

You should see the other article entitled Getting Divorced? You Have Options by this author for details, but essentially in Collaborative Divorce clients choose specially trained collaborative divorce lawyers who are committed to a negotiated settlement. Clients agree in advance not to go to court except for obtaining of the divorce judgment, in an uncontested proceeding. Negotiations are conducted primarily in meetings with clients and attorneys in the room. Full disclosure and transparency is the hallmark of this process. Gamesmanship, threats to see you in court and the like are absent from this process. In the event the case does not settle, the collaborative attorneys are required to withdraw from the case and the clients choose new litigation counsel. With this feature the attorneys have no incentive to foster litigation.

Sounds Great right? Why shouldn’t everyone choose Collaborative Divorce? The following are reasons NOT to choose collaborative law:

1. Domestic violence or child abuse. Any history of recent domestic violence makes it foolish and perhaps even dangerous to consider a process in which parties are required to sit in the same room.

2. History of Financial misconduct: In a contested divorce financial restraining orders preventing the transfer of assets can be obtained automatically upon commencement of the case. This can prevent marital assets from disappearing. If there is a meaningful concern about this kind of behavior, clients should go to court immediately.

3. Serious mental illness: If one party has major depression, substance abuse, or psychosis, Collaborative Law is unlikely to work, although there is little risk in trying. Often an experienced Collaborative Lawyer is the best resource a person with such a disability can have, although, there may be a need for court intervention if the party’s ability to participate in the process is seriously impaired. In that situation a court appointed Guardian ad Litem will be appointed to act on behalf of the impaired spouse, and in such situations, Collaborative Divorce may be difficult to pursue.

4. If one party is not committed to the Process. For Collaborative divorce to work, both parties have to be committed to attempting to work in this fashion. If one party refuses to be transparent about disclosing information, or is using the Collaborative Divorce process as a way to delay or avoid dealing with the hard issues, then the only way to move things along so the parties can finally be divorced, is to go to court.

Most litigated cases end up settling eventually and for that reason even if Collaborative Divorce, as formally practiced is inappropriate, it does not mean that your divorce will be World War III, however, it is important that clients not be afraid to obtain the protection of the court when indicated.

For questions about this subject and any other questions relating to divorce in Massachusetts, please email the author: hgoldstein@rfglawyers.com or call Howard Goldstein at 617-964-7000 Massachusetts Divorce Lawyer

More articles at article database

16 July