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Save Money During Divorce

costofdivorceHow to Save Money During Divorce

  1. Gather/organize/prepare. During the process, there will be requests for information and documents. When you receive these, take the time to gather everything, organize it and prepare it in accordance with your attorney’s directions.   If you bring a box of papers or an unorganized mess to your attorney, you incur further costs for him/her to organize and prepare it all.

 

  1. Ask your attorney: The beauty of having an attorney is guidance through his/her experience. That not only allows you to do it the right way – but to do it the right way the first time. Ask your attorney questions even if you think that they are “stupid” or trivial.

 

  1. Listen to your attorney. After you’ve asked your attorney, listen to what s/he says! Often additional costs are incurred when you don’t listen to what your attorney says. If s/he gives you instructions for gathering documents, listen. If she gives you specific instructions for filling out a financial statement, listen. If he tells you to document wrongdoing by your spouse in a particular way, listen.

 

  1. Take a deep breath. Don’t call your attorney every single time that something goes wrong. Know why? Because your attorney charges you for his/her time. Take a deep breath, consider the situation and decide if you really need your attorney to listen this time. Are you only venting? Do you know the answer to the question deep down inside? Is it something that can wait until the next time that you speak to your attorney? Is there actually a legal issue?

Who Gets Our Family Dog in the Divorce?

It's a common scenario.  Boy meets girl and they fall in love.  They buy a home or rent an apartment.  Wanting to share their love, they adopt a dog. Over the next year or so, they get married.  Their dog is their baby.  They share photos of him on social media sites,...

The Only Person that can Change a Court Order is the Court!

I come across this issue fairly often, many different contexts, and decided that it was a great issue to discuss here. It is very clear in all contexts. If you are subject to a Court’s Order, that Order remains effective until 1) that order expires or 2) the Court...

Creating an Irrevocable Trust Can Save Your Loved Ones

The words "irrevocable trust" often seem intimidating to many of my clients.  However, when used properly, this can be an effective estate planning tool.   If designed properly, it can prevent an estate from staying tied up in probate for years.  It can help families...

Supervised Visitation: The Brad and Angelina Case

Brad and Angelina I’m sure you’ve seen recently that Brad and Angelina have made strides in settling their parenting agreement.  Angelina is maintaining primary custody of the children.  Brad will have “therapeutic visits” with the kids.   Basically, that amounts to...

Paying Child Support Without a Court Order

Paying child support without a court order Paying child support without a court order is a question that comes up very often in my practice.  This can apply anytime there is a child between two people, whether the couple is married, or unmarried.  Here is a common...

Termination of Parental Rights

Separation and divorce are never easy times for a couple in distress.  Couples may be disagreeing over money, their relationship and everything in between.  I often receive calls asking about the "termination of parental rights".  What I learn after listening to the...

Do I Need a Holiday Schedule?

Question: Do I need a holiday schedule in my parenting plan/divorce agreement? I see this question a lot in my practice, particularly where the parties seem to be working together and getting along well during the time that they are drafting an agreement.  We can work...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

Convicted of OUI May Get New Trial

If you follow our blogs or the local news, you may have read about an issue involving the breathalyzers used in Massachusetts for the detection of alcohol. The Draeger Alcotest 9510 is being challenged by defense attorneys, alleging that the results may be inaccurate...

Is It Safe To Leave an Abusive Marriage?

A co-worker, "Pat",  confides to you during lunch one day that her "marital bliss" has all been a sham and that she thinks she has just learned to accept her husband's abusive behavior.  All of the stories she shares at work about her family are lies and have been for...

Should I Stay Married For the Sake of My Children?

I often see the question posed to me in the middle of a conversation with a potential client, current client or even an acquaintance who knows I practice family law:  should I stay married for the sake of my children?  Should I wait until they are older before we...

West Memphis 3 – Reopening of Original Murder Case

UPDATE April 2020: Oxygen Network aired its long awaited show about this case.  It featured Bob Ruff's Truth & Justice working with famed former FBI profiler Jim Clemente and others to re-start an investigation in a manner they believe it should have been done...

Expectations after Divorce

           In a relationship, we have certain expectations of our spouse, our partner and perhaps the other parent to our children. Often, the other party will try to do what you’d like. But what happens when the relationship is no longer? Is it realistic to have the...

Free Consultation: Is it Worth It?

We often read other articles and posts and we came across a series of discussions recently debating whether or not there was a benefit to contacting an attorney for a free consultation.  While not all lawyers offer this service, our office does offer this service.  We...

Can an Attorney Represent Both Parties in a Divorce

I receive calls frequently from potential clients who are seeking an attorney to counsel the parties, together, for a divorce. This happens for a variety of reasons. You want to save money. You feel as if you are in agreement on many of the issues. You want the...

Visitation Part 2: Pick up, Drop off and Last Minute Schedule Changes

It’s very rare that parties to a divorce, or parents who are no longer in a relationship, get along very well. After all, if you did, you’d likely still be together, right? It is more typically the case that parents do NOT get along. As a result, dealing with...

I am going to file for divorce myself. I may hire a lawyer later. However, when do I have to move out of the home?

This is a tough question to answer without knowing more about your case. The status of the marital home varies from case to case and is different in New Hampshire than it is in Massachusetts. Is the home being sold? If so, by whom and when? Is your spouse keeping the...

Massachusetts: The Annie Dookhan Drug Lab Scandal

Update: if you have not watched Netflix’s “How to Fix a Drug Scandal”, we recommend you do so. It discusses this case and the Sonja Farak case.  If you feel you have been impacted by either of these, please contact us. By now I am sure that a lot of you have heard of...

Appeal a Judgment

I recently came across this article "How to Appeal a Judgment without an Attorney."  Being fairly intrigued, I read the article looking for holes that I could use in writing this post.  However, I must admit, it was well written and it was thorough.  It began by...

Can I lose my inheritance to child support?

Can I lose my inheritance to child support? The question you are asking can also be stated as:  Can the Court award child support based on the money I received in an inheritance? Child support is based on income. It is not based on gifts or inheritances.  For example,...

How to Build Financial Security When Facing Divorce

How to Build Financial Security When Facing Divorce If you see divorce or separation looming in your future, there are ways to plan ahead and build financial security to prepare for what could be a financially difficult time ahead.   Here are some tips for you to...

Five Tips for Attending Court

Often I am asked "what do I wear?" or "is there anything that I need to know about going to Court?" Below are tips for attending Court that I find rather useful. 1. Dress appropriately. It is not necessary to wear a suit or formal outfit to Court. Wear an outfit that...

Arsdale Appeals and Alimony

Recently two new cases came down from our SJC that you should be aware of, both relating to alimony. The first, SUSAN VAN ARSDALE vs. WILLIAM VAN ARSDALE, focused on the constitutionality of durational limits of alimony applied retroactively.* To examine the...

For my Massachusetts Divorce, do I need my marriage certificate?

In Massachusetts, when you file a Complaint for Divorce, you must also file a certified copy of your marriage certificate. You may want to keep your copy or you may not have it. So, how do you get one? This is an easy issue to resolve. Contact the city hall in the...

What qualities do I look for when hiring an attorney?

Choosing an attorney is not a simple process. Do your best to make a good decision at the outset of your case and you will win in the long run with a respected advocate on your side and confidence in every decision that you make along the way. Generally speaking, you...

Filing a Protective Order

Filing a protective order (209A) can be a scary time.  Maybe you aren't sure where you will go.  Maybe you have children to consider.  Perhaps your family is not as supportive or available as you need.  There are places and ways to get help so that you are not alone. ...

Avoiding Legal Issues

In my previous article, “What Type of Attorney Should I Hire,” I wrote about the importance of speaking with an attorney early on in your case to maximize any potential outcome you may have as well as choosing the right attorney for the type of situation, rather than...

Grandparent’s Rights in Massachusetts

The issue of visitation rights for grandparent’s rights is governed by Massachusetts G.L. c. 119, s. 39D. Grandparents may seek visitation, “grandparent’s rights,” through the Court with their “unmarried minor” grandchildren if: (1) the parents are divorced, married...

What Type of Attorney Should I Hire?

This article is part of a series about why it's important to hire an attorney and the reasons behind hiring an attorney.  The purpose of this series is to help you determine the types of situations where a lawyer is most needed and to know when to reach out for...

Why Do I Need a Trust?

Welcome back to my series on estate planning. I hope that our articles have been helpful and informative. If anything else, I want to spark thought on this topic and help you begin deciding what you’d like to see happen when you are gone. Okay, let’s get to Trusts! I...

Estate Planning: Planning Ahead

Nobody wants to think about their death. It's unpleasant no matter how you look at it.  However, planning ahead is more than simply dividing up your worldly assets.  It can ensure that your children are cared for by the person that you prefer. Planning ahead can...

How do you defeat a prenuptial agreement? (The Bobby Flay Story)

How do you defeat a prenuptial agreement? I’m sure that you’ve seen the latest celebrity news scandal about Bobby Flay and his wife, Stephanie March: Bobby allegedly cheated on her with various women and has now filed for divorce (just after being thrown out of the...

2017 Child Support Guidelines – Part 3

In part 3 of our series on the 2017 Child Support Guidelines, we will be addressing child support for children between 18-23 years old and parental contribution to post-secondary educational expenses. If you would like to read about other changes, please see Part 1 -...

How do keep my divorce moving forward?

     This is a common question in my field and it’s one of the most difficult to answer, unfortunately. Divorces can take many paths. The outcome of each case is truly dependant on the parties. So, how can you keep your divorce moving forward...

What Does Child Support Cover? Part I

Paying child support is a double-edged sword.  Parents are court ordered to pay but have little, or no, say-so on how it is spent day to day.  There are some court mandated requirements governing child support and because I receive many inquires about it, this is part...

Who Gets the Engagement Ring?

The contemplation of marriage, instituted by the engagement of the parties, traditionally brings with it an engagement ring given from one to another.  Some have sentimental value:  engagement rings are handed down and are often heirlooms.  An engagement ring may have...

Massachusetts: How does Separate Support Differ from Divorce?

In Massachusetts, I am often asked about the difference between Separate Support and Divorce.  Actions for Separate Support and Divorce are two very distinct options that are separate filings in the Probate & Family Court. It is important to understand the...

MA: Can I Hire a Lawyer During COVID-19

Q: Can I hire a lawyer during COVID-19 with the courts being closed? Can they still work on my family law related case? A: Even if the court is closed, having an attorney assist you is so important.  Most importantly, you should not go through this alone.  Having an...

Absent Parents: The Parent Who Used to be Absent

Absent parents is a topic that I see frequently in my practice. Here’s a perfect example: Mom was pregnant but dad wanted nothing to do with her, or the baby, during pregnancy and for a while thereafter. At some point, for whatever reason, the dad becomes interested...

Why do I need a Will?

Why do I need a Will? Welcome back to my series on estate planning. In case you are just joining me, I want to let you know that we are mid-series in a string of articles about estate planning. Page back to Why do I need an Estate  and see what you’ve missed and stick...

Parenting During COVID-19

How do I handle parenting time during COVID-19 and a stay-at-home mandate? The world is abuzz amidst COVID-19 and daily life seems to have changed for most of us. In fact, it's continuing to change on a regular basis.  This is a new situation - one that we have never...

Things To Know About Your Family Lawyer

Family law can encompass many aspects of law.  It covers divorce, child custody, separation agreements, post and pre nuptials and much more.  Some families have an attorney they can go to for  estate planning.  As you can see family law is a wide field so it's...

A Child’s Right to Decide: New Hampshire

New Hampshire: When can my children decide in whose home they want to live? Okay,  New Hampshire readers – I promised you would hear my thoughts on a child's right to decide shortly, so here it is. The law in New Hampshire is different than that in Massachusetts. Read...

How to Survive the Holidays During Divorce

The holidays are a time for family.  It's supposed to be a time to look back and reflect on those wonderful memories together.  When you are in the midst of a divorce, or you’ve recently completed the divorce process, it's not always easy to recall those happier...

Can I get an Annulment, please?

What is an Annulment? In Massachusetts, an annulment is a statement by the Court that you were never legally married. Unlike divorce, which acknowledges that you were married and then terminates that marriage, annulment it is as if the marriage never happened. ...

Kid’s Corner: The “Don’ts”

I’m not a therapist by any means, but I do have children of my own and I do help my clients deal with their children’s issues in the course of my representation during divorce or other family law cases. There are two important lists for kids. First is the “do’s” and...

Can a Child Choose Their Parent After Divorce in Massachusetts

Massachusetts : When can my children decide in whose home they want to live? Often I am asked "can a child choose their parent after the divorce"?, so I thought this would be a great topic of discussion.  It is important to remember that each state handles this...

Letting Go After Your Divorce

Divorce can be devastating even when both parties agree. Letting go after your divorce is difficult at best.  It's an emotional roller coaster, particularly when children are involved.  Sometimes, one party has been the "fixer" in the relationship; the one who has...

Massachusetts: Joint Petition or Complaint for Divorce

In Massachusetts, there are two ways by which a party can file for a divorce. The first is commonly known as a “joint petition.” The second is commonly referred to as a “complaint for divorce.” A “joint petition” is filed when the parties agree on how to resolve all...

Marital Property: What is it?

Far too often I meet with a client for consultation who is concerned that a certain asset is not a marital asset because it is not “in [their] name.” A client may say “well, we have a home but it is in his name only” or “I don’t have a retirement account, but she...

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What Happens to the Family Home in a Divorce?

A large concern during divorce consultation is the marital home. What will happen? Can I stay? Will I be forced...

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