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

Posts Tagged divorce mediation

Sound Reasons Why You Should Mediate Your Divorce.

.

I have been a divorce attorney for over 25 years and a divorce mediator for almost as long. When a potential client asks me whether they should mediate their divorce or whether they should just get their own attorney and file for a contested divorce, I tell them the following. A contested divorce can last well over a year. In fact, in Massachusetts, the tracking order assigned to your contested divorce is for fourteen (14) months. Which means that the life span of a contested divorce can be as much as 14 months. During this time frame, the parties will exchange financial documents, attend numerous hearings on temporary orders in court, have a pre-trial hearing followed up by status conferences and then a trial if your case does not settle. All of this discovery and all of the court hearings and meetings or phone call with your attorney will cost you money in legal fees both to you and your spouse. A divorce attorney can make 10-20 times more in legal fees on a contested case then they can … Read More »



The Benefits of Settling Your Divorce or Family Law Case Outside of Court

Divorce Massachusetts, Divorce Mass., Divorce Suffolk County, Divorce Middlesex County, Divorce Essex County, Divorce Norfolk County, Divorce Boston, Divorce Winthrop, Divorce East Boston, Divorce Revere, Divorce Danvers, Divorce Lynnfield, Divorce Marblehead, Divorce Swampscott, Divorce Nahant, Divorce Peabody, Divorce Salem, Divorce Saugus, Divorce Arlington, Divorce Belmont, Divorce Burlington, Divorce Cambridge, Divorce Everett, Divorce Malden, Divorce Medford, Divorce Melrose, Divorce North Reading, Divorce Reading, Divorce Somerville, Divorce Stoneham, Divorce Wakefield, Divorce Watertown, Divorce Wilmington, Divorce Winchester, Divorce Woburn, Divorce Brookline, Divorce Braintree, Divorce Milton, Divorce Quincy, Divorce ChelseaAll divorce and family law cases are stressful and emotional. Sometimes the first instinct of parents and spouses is to tell their ex “See you in court.” Although it can be emotionally satisfying to have your day in court and have your case heard by a Probate and Family Court judge, it may not be beneficial to you or your children.

 

Probate and Family Court judges all have very large dockets and caseloads. Each judge tries to give an adequate amount of time to each case, but given the backlog within the courts, this is not … Read More »



Is Divorce Mediation Right for You?

There are many benefits to divorce mediation, but it is not always right for each couple. If you are thinking about getting divorced, and you can’t decide whether to try divorce mediation, here are some things to consider.

 

In divorce mediation a couple can work together amicably to resolve the issues relating to the divorce. Through this process there is less stress and drama. Divorce mediation uses a collaborative process where you and your spouse are in control and make the decisions, and not a judge. It typically takes a shorter amount of time and is more cost effective. Rather than the spouse against spouse model of traditional litigation, this is a mutual process, and you can leave the mediation process on good terms, which does not always happen with litigation.

 

However, divorce mediation is not for everyone. There are certain circumstances where divorce mediation may not work. One instance is where this is a history or abuse or violence in the relationship, or where one spouse is over-bearing or controlling of the other spouse. Because of this imbalance in power and control, divorce mediation is not always beneficial for … Read More »



What Happens During a Divorce Mediation Session?

Divorce MediationCouples contemplating a divorce may consider divorce mediation as a cheaper, more amicable method to divorce. However, before selecting divorce mediation, couples may wonder what happens during a mediation session. This is a brief description of what happens in a mediation session.

 

There are many issues that must be addressed in a divorce: 1) child support, 2) child custody, 3) alimony, 4) division of property; 5) maintaining health insurance, and 6) filing taxes and child dependency exemptions. All of these topics must be addressed in mediation.

 

If you have children, of course one of the major issues to be addressed is custody and support. Thus, a large amount of time will be spent addressing who will have custody, what the parenting schedule will be like, who will pay child support, and how much. In addressing these issues, the parties will have consider:

 

How to share transportation of the children; Holiday and vacation parenting time; Children’s participation in extracurricular activities and sports, and how to pay for these activities; and Weekly parenting schedule

 

But in addition to these … Read More »



The Benefits of Mediating or Arbitrating Your Family Law Case

The Benefits of Mediating or Arbitrating Your Family Law CaseIn Massachusetts, divorce and Family Law cases are handled by the Probate and Family Court. Under Massachusetts, law, proceedings in the Probate and Family Court are public and can be observed by anyone. Additionally, almost all cases in the Probate and Family Court are scheduled to be heard at 8:30 a.m. (which can be as many as 75-100 cases scheduled to be heard that day), and then the judge calls all cases in whatever order he/she deems fit. This means, if your case is heard first, there can be over 100 people in the courtroom to listen to the issues pending in your case.

Additionally, the Probate and Family Court is notoriously backlogged. Thus, it can take a few months before a motion on your case is heard, and a few years before your case goes to trial.

Given the very sensitive nature of divorce and Family Law proceedings, many spouses and parents do not want their family issues presented and argued in … 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 family law, we … Read More »



Divorce Mediation: Preparing Your Case

Now that you have made the wise decision to mediate your divorce case, it’s time to do your homework. As you know, mediation provides a mechanism for disputing parties to reach an amicable and well thought out resolution to a divorce, without having to depend on the court to make decisions for you and your spouse. In order to get as much out of your mediation as possible, you need to first do some basic research.

Now that you have made the wise decision to mediate your divorce case, it’s time to do your homework. As you know, mediation provides a mechanism for disputing parties to reach an amicable and well thought out resolution to a divorce, without having to depend on the court to make decisions for you and your spouse. In order to get as much out of your mediation as possible, you need to first do some basic research.

To be sure, divorce mediation is not a formal process like a contested divorce trial would be, but you should prepare your case as though you were going to trial. Whether you will be paying support to your spouse in the … Read More »



The Benefits of Mediating or Arbitrating Your Family Law Case

In Massachusetts, divorce and Family Law cases are handled by the Probate and Family Court. Under Massachusetts, law, proceedings in the Probate and Family Court are public and can be observed by anyone. Additionally, almost all cases in the Probate and Family Court are scheduled to be heard at 8:30 a.m. (which can be as many as 75-100 cases scheduled to be heard that day), and then the judge calls all cases in whatever order he/she deems fit. This means, if your case is heard first, there can be over 100 people in the courtroom to listen to the issues pending in your case.

Mediation

Additionally, the Probate and Family Court is notoriously backlogged. Thus, it can take a few months before a motion on your case is heard, and a few years before your case goes to trial.

 

Given the very sensitive nature of divorce and Family Law proceedings, many spouses and parents do not want their family issues presented and argued in open court. Further, given the nature of … Read More »



Why Do So Few Men Get Alimony?

men alimonyOf the 400,000 people in the United States receiving post-divorce spousal maintenance, just 3 percent were men, according to Census figures. Yet 40 percent of households are headed by female breadwinners — suggesting that hundreds of thousands of men are eligible for alimony, yet don’t receive it.

The reason? Die-hard gender roles, a bitter fight from breadwinning wives and macho pride, say family attorneys. And in some parts of the country, judges are flat-out sexist.

“Gender equality is a relatively new concept in the span of history, and old stereotypes die hard,” says San Francisco Bay area divorce attorney Mark Ressa. “A successful man is considered a breadwinning man, and asking for alimony is considered emasculating.”

Keith Craig agrees. His lawyer said should make a case for spousal support, as he had given up his public school teaching career to stay home with their two children while his then-wife earned more than $100,000. After his wife filed for divorce, Craig cobbled together adjunct professor jobs and freelance writing gigs, but sustained for four years on dinners of potato chips and canned soup and “an allowance from my parents.” Asking for alimony … Read More »



4 Helpful Tips to Prepare You for Your Divorce Mediation

Couple-writing-together

After you have decided to mediate your divorce, there are a few things that you should do to properly prepare yourself for the mediation process? Coming to your first mediation session unprepared may prolong the process. The final divorce agreement can be far from what you expected simply because you have not even thought about what will be your bottom line, and/or how much you are willing to compromise, if anything.

Therefore, in order to make your divorce mediation more time-efficient and productive, and to achieve a more satisfactory result, it is very important for both parties to do their homework before mediation.

Here are some helpful tips on how to be prepared for your first mediation appointment:

1. Work out a game plan before the mediation:

Mediation is a process of interacting between you, your spouse and a neutral third party who is your divorce mediator. It is helpful if you and your spouse can work out a game plan in advance by asking each other what you really want. Do not argue about anything, just ask, listen and then respond.

In working … Read More »



Download Our Divorce & Mediation Ebook click here

Request A Consultation

Bold labels are required.

Contact Information
Yes I have read the disclaimer

Privacy Policy

[recaptcha]

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: 617-742-2020
Boston Law Office Map