Amaral & Associates, P.C. - Divorce, Family Law

Boston Family Law Blog


Having Your Voice Heard in a Divorce

Having Your Voice Heard in a DivorceDivorces can be a lengthy, complicated and emotionally charged process. With all of the procedural nuances of a divorce proceeding and procedural rules of the court, even after several court appearances, it is entirely possible that a spouse will not have had the opportunity to testify and tell his or her side of the story. Oftentimes, the first few court appearances just involve the parties’ attorneys arguing on their respective behalves and a judge making a ruling. It is not until much further into the process that a spouse has an opportunity to speak on own their behalf and tell their side of the story.

Having your voice heard in a divorce can be very therapeutic and cathartic. But all too often that can get swallowed up in the legal technicalities of a divorce. There is, however, an alternative to a long drawn-out divorce, where spouses can tell their side of the story and have their voices heard. This is through divorce mediation.

In divorce mediation, … Read More »



Divorce Mediation & Negotiation Rule One: Be Cordial

Divorce Mediation & Negotiation Rule One: Be Cordial Rule One: Be Cordial

(Provided by © National Legal Research Group, Inc.)

There is an old saying that you catch more flies with honey than with vinegar. By the time the parties are divorcing, the parties are pretty much used to dealing with each other by yelling and screaming. The lawyer should not posture in front of the client and should tell the client that he/she will not posture. Clients watch TV and need to be told that effective advocacy does not mean putting on a show for the client’s benefit.

This is not as simple as it sounds. Unfortunately, television has conditioned many clients that cordial conduct is not what to expect from a lawyer. Rather, the TV lawyer postures, threatens, intimidates and is rude. Then comes the commercial while the other side backs down.

It would be nice, but naive, to suggest that it is sufficient merely to be cordial. We do not practice law in a vacuum, however. In … Read More »



Pet “Custody” and Divorce

Pet “Custody” and DivorceIn all families, pets are just as an important member of the family as anyone else. Unfortunately, the law has not caught up with this view. Therefore, when spouses divorce, “custody” of a pet is not treated on the same level, legally speaking, as custody of child. In child custody matters, the legal standard is the “best interests of the child”. However, for pets, the law considers them property, and subject to property division under marital property laws.

When you think about how important a pet is to the family, thinking of them property is unbelievable. It seems like too much of a sterile and unemotional process, that when you are dividing the silverware and furniture, you have factor Fido into that division.

Although the law has not caught up with the popular mentality about pets, spouses are addressing pet “custody” in a more sensical manner in divorces. In cases involving children, the pets typically follow the children, as much as possible, during each spouse’s parenting time.

In cases where there no children, … Read More »



Handling a Child Custody Case

Handling a Child Custody CaseThere are not many other types of court cases that are more emotional and stressful than a child custody case. Because emotions are running high during these types of cases, parents can sometimes fall into pitfalls and traps, which can ultimately hurt their case down the road. Here are some tips for parents going through child custody cases.

Talk to Your Children. Parents should NEVER actively involve children in any pending child custody litigation. These are more “adult” conversations for the parents, their attorneys and the court. However, if a child has questions or concerns about what the child custody case, parents should try to answer the child’s questions and address the child’s concerns. These conversations should be age appropriate conversations, and should not, in any, disparage the other parent. A child shouldn’t feel that they have to take sides through this process. Even though the children aren’t actively involved in the litigation, they will still know what is going on, and most likely will be stress because of it. Try to Co-Parent with the Other Parent: Even during a custody case, parents must … Read More »



Why You’re Never Too Young to Have an Estate Plan

Why You’re Never Too Young to Have an Estate PlanWhen people think of estate planning, they tend to think of middle-age or older people, who are more settled in life, and most likely have some assets to preserve, and children to care for. Although that may be the “typical” estate planning client, once a person attains the age of majority (i.e. age 18), he/she is really not too young to draft an estate plan.

To have an estate plan, you don’t have to be rich and have a lot of assets. You also do not have to be further on in life, nor do you need to have children that you need to plan for in the event of an untimely death.

An estate plan typically consists of multiple documents that plan for your incapacity (in the event of an accident or illness), in which case someone can make medical decisions for you, and someone can attend to … Read More »



Online Divorce Mediation



Child Support, Alimony & Taxes

Child Support, Alimony & TaxesWhen going through a divorce, there are many financial issues that spouses must address. Some of these financial issues have tax consequences, and other financial issues do not. One area where taxes come into play is support. Under Massachusetts Law, there are two categories of support.

The first category is alimony, which is the periodic payment of support by one spouse to another spouse for that other spouse’s support. Under the federal tax code, and Massachusetts tax law, the alimony paid by the payor spouse is tax deductible for the payor spouse, but taxable to the recipient spouse. That means that the alimony received by the recipient spouse is considered income, and it must be reported on that spouse’s tax returns.

The other category of support is child support, which is support paid by one spouse to another spouse for the support of the child(ren) of the marriage. Unlike alimony, child support is not tax deductible for the payor spouse, or taxable to the recipient spouse. Child support is considered a tax neutral payment.

Because … Read More »



Divorce Mediation is Fast, Inexpensive and Thorough, so Why Litigate Your Divorce?

Divorce Mediation is Fast, Inexpensive and Thorough. To learn more about our FIT Divorce Mediation Program call us at (617)539-1010.When your contested divorce commences and the Complaint for Divorce is filed, the court will forward a tracking order regarding the estimated length of the litigation process which is usually 14 months.

When a couple decides to use a certified divorce mediator to get divorced, no complaint is filed and no tracking order is necessary. The parties can usually get an appointment with a mediator within a week or so and the mediation process can take less than a month and only requires 3 hours or less of face to face mediation time with your spouse.

With a contested divorce, you cannot ask the judge any questions and you have to wait months for a hearing date on temporary orders. With a mediator, you can ask all the questions that you want at any time. Once the mediation sessions are finished, the mediator will then prepare … Read More »



Divorce Mediation



Divorce Mediation Presentation



Download Our Divorce & Mediation Ebook click here

Request A Consultation

Bold labels are required.

Contact Information
Yes I have read the disclaimer

Privacy Policy

Winthrop Office
246 Revere Street
Winthrop, MA 02152

Phone: 617-539-1010
Fax: 617-539-0505
Winthrop Law Office Map

Boston Office
63 Atlantic Avenue
Boston, MA 02110

Phone: 617-539-1010
Boston Law Office Map

Amaral Law