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You are here: Home / Archives for Coronavirus and Divorce

Tele-Mediation: A Game Changer For Divorcing Couples — Part I

by Vicki L. Shemin, J.D., LICSW, ACSW

Breaking the news to divorcing clients that courts are closed indefinitely (except for the most extreme of emergencies) has added yet another layer of stress and strain to the avalanche of burdens clients already bear.

It has not been easy to absorb the news that the trajectory of their divorce has been indefinitely derailed. In the old normal, trying as it was to go through the process, at least the promise of having had an end in sight engendered more than a small measure of hope.

For clients who have successfully negotiated and signed their divorce agreements, until they can have the judge’s blessing that their agreement passes muster and they are officially divorced, they are left with a pervasive sense that finality is outside their grasp. And, on the opposite end of the spectrum, for those clients who are well into the heart of the process but still far from settlement, the fact that the courts will be unavailable — and then certainly backlogged — brings on a different host of far-reaching concerns.

Fortunately, those of us who are trained mediators have been able to offer clients an efficient and effective alternative: tele-mediation. In short, tele-mediation is the distribution of mediation services and information through various telecommunication technologies. Most notable of these have been Zoom and Microsoft Teams, modalities that offer document-sharing capabilities and private breakout rooms.

Click to read more..

Filed Under: Coronavirus and Divorce, Covid and Divorce, Divorce and Technology, Firm News

How Divorced Couples Can Keep Co-Parenting During Coronavirus

Attorney Wendie Murstein

By Wendie Murstein, Esq.

Parents may be wondering if there are any specific rules of shared custody while following stay-at-home orders? It is important to remember there are no specific rules for what to do with regard to parenting plans in times of a pandemic. The courts have advised that parenting plans are to follow the status quo so long as parents are able to.

This makes it difficult when parents live out of state or if one parent is a doctor or nurse, for example, and are exposed to the pandemic; in cases such as those, the exposed parent should make the other party aware.

It becomes difficult when one party is not social distancing and hasn’t informed the other. In such cases where one party may be exposed, or showing symptoms, the rule of thumb is that the other parent should keep the children so as to prevent their exposure. Ideally, the exposed parent would be allowed make-up time in the future.

There are parents, unfortunately, who have taken it upon themselves to withhold parenting time simply because they don’t trust their ex-spouses (no surprise on trust issues given the parents are divorced); in cases such as those, the courts will hear those cases, and, for the most part, the withholding parent is ordered to allow the other’s parenting time with the idea that every parent has their children’s best interests at the forefront. In the rare situation, we have heard of parents social distancing and living together in one home for the benefit of the children.

Filed Under: Co-Parenting, Coronavirus, Coronavirus and Divorce

How to keep your Divorce or Family Law Matter Moving During the Covid 19/ Coronavirus Pandemic

As most of you know, the probate and family law courts in Massachusetts are closed due to the COVID-19 pandemic. How can you resolve your matter during this crisis.

1.   If its an emergency, your matter may be able to be heard telephonically.  But those are rare, as I understand it.  What you and I think is an emergency may not be one for the court.  Domestic Violence Restraining orders may qualify as an emergency.  A financial issue, including a modification of support based on a loss of job, may not.

2.   You should consider mediation.  The mediators here at Fields and Dennis can help you resolve your dispute using remote videoconferencing.

3.   Since mediation isn’t binding, you may want to consider submitting a matter to arbitration which is binding.  With arbitration, the parties can select an arbitrator, present the case to him/her by submitting papers and remote videoconferencing.  I have acted as arbitrator and am certified by the American Academy of Matrimonial Lawyers.

4.   With both mediation and arbitration, the parties decide what the issues are:  maybe it’s the whole case, or maybe its just parenting time during the current pandemic.  You might just need mediation or arbitration as a stopgap to get you through til the courts are fully operational again.

 5.   Whatever your needs, please feel free to give us a call at Fields and Dennis.  Our number is 781.489.6776.

Filed Under: Coronavirus and Divorce, Covid and Divorce, Divorce, Firm News

That Discomfort You’re Feeling Is Grief

An interview with David Kessler about what we are feeling right now…

Kessler: Yes, and we’re feeling a number of different griefs. We feel the world has changed, and it has. We know this is temporary, but it doesn’t feel that way, and we realize things will be different. Just as going to the airport is forever different from how it was before 9/11, things will change and this is the point at which they changed. The loss of normalcy; the fear of economic toll; the loss of connection. This is hitting us and we’re grieving. Collectively. We are not used to this kind of collective grief in the air. 

https://hbr.org/2020/03/that-discomfort-youre-feeling-is-grief

Filed Under: Coronavirus and Divorce, Covid and Divorce

Who pays the student loans in divorces hit by Covid-19 financial instability? 

Who pays back student loans after divorce depends on your states’ laws.  Most likely if you took out the student loans prior to marriage and they are in your name you are responsible for paying.  Student loans that you and your spouse took out while you are married can get confusing.

https://www.foxbusiness.com/money/student-loans-divorce

Filed Under: Coronavirus and Divorce, Covid and Divorce, Divorce

Marriage warnings during #coronavirus: “You can’t spell divorce without Covid” 

Many couples will find this pandemic extremely disruptive to their marriages. However, Experts across the world believe that marriages can be strengthened through new coping skills. 

https://www.abc.net.au/news/2020-03-21/how-to-stay-married-through-coronavirus/12073778

Filed Under: Coronavirus and Divorce, Covid and Divorce, Divorce

China lines up for divorce after Covid lockdown lifts

Media reports from various cities across China have seen divorce rates surge after couples begin to emerge after weeks of government lockdowns. It is also clear that domestic violence had also seen big increases. This trend is an ominous warning for couples and families in the U.S. who are still in the early stages of quarantining at home.

https://www.bloomberg.com/news/articles/2020-03-31/divorces-spike-in-china-after-coronavirus-quarantines

Filed Under: Coronavirus and Divorce, Covid and Divorce, Divorce

The constantly changing landscape of co-parenting during coronavirus

The constantly changing landscape of co-parenting during coronavirus. What happens now during the pandemic? What if a parent gets too sick? Or a child gets infected? “It’s just awkwardly, incredibly daunting now.”

https://www.nytimes.com/2020/03/27/parenting/divorce-co-parenting-coronavirus.html

Filed Under: Coronavirus and Divorce, Covid and Divorce, Divorce

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Recent Posts

A Diamond is Forever, But the Engagement Ring May Be Ne’er

January 27, 2021

The article below was written by Vicki L. Shemin, J.D., LICSW, ACSW  and published in Citybizlist on January 25, 2021 Lest you think that the proprieties and perplexities surrounding broken engagements are a modern phenomenon, we need only look back to the 15th century. It is said that in 1477, Archduke Maximillian of Austria commissioned […]

Attorney Jonathan E. Fields Quoted in Wall Street Journal

January 21, 2021

Attorney Jonathan E. Fields was quoted in today’s Wall Street Journal Millennials Embrace Prenups—but Through a Very Different Lens Than in the Past Millennials are using prenups to address new economic and social issues—including rising student debt, social-media use and embryo ownership By Cheryl Winokur Munk Jan. 21, 2021 1:00 pm ET Millennials are often […]

Vicki L. Shemin, J.D., LICSW, ACSW receives the Avvo Clients’ Choice Award Badge for 2021

January 14, 2021

Vicki L. Shemin, J.D., LICSW, ACSW was presented with Avvo Clients’ Choice Award Badge for 2021. This award is given to attorneys whose outstanding legal services have resulted in highly satisfied clients. There’s nothing that an attorney can do to ask for a Clients’ Choice Award. Instead, Avvo makes the award based only on quality […]

Attorney Jonathan Fields Quoted in Massachusetts Lawyers Weekly

January 5, 2021

Snap Judgments: Lawyers predict issue that will dominate legal landscape in 2021 By: Kris Olson December 31, 2020 (From Massachusetts Lawyers Weekly)  Q. Prediction time: What issue on the horizon will dominate the legal landscape in 2021?   “Five hours of time for a five-minute hearing has never seemed so wasteful. With the experience of remote hearings, will […]

Please Support Fields and Dennis LLP’s Fundraiser for K9s For Warriors

December 21, 2020

K9s For Warriors saves both warriors and rescue dogs. The program serves our warriors with service-connected Post-traumatic Stress Disability (PTSD) traumatic brain injury (TBI) and/or military sexual trauma, which can be deadly disorders. A trained rescue dog is paired with a warrior and the two meet for two weeks of training together at one of […]

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    Recent Firm News & Coverage

    • A Diamond is Forever, But the Engagement Ring May Be Ne’er

    • Attorney Jonathan E. Fields Quoted in Wall Street Journal

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    • Attorney Jonathan Fields Quoted in Massachusetts Lawyers Weekly

    • Please Support Fields and Dennis LLP’s Fundraiser for K9s For Warriors

    The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts.

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