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You are here: Home / Archives for Divorce

Divorce Lawyers: 5 Little Known Things You Need To Know

by Vicki L. Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship. For too many in the legal profession, that is where it starts and ends. What does that mean for YOU as the client when you are going through one of the most difficult experiences you will ever have to face?

It should invoke a caveat emptor warning because once you sign on; you could be making a deal with the devil (and I don’t just mean your ex-spouse).

Below are 5 tips to help you deal with your divorce lawyer at this incredibly confusing time:

1. Interview, Interview, Interview! I recommend interviewing at least two to three prospective divorce attorneys (I know that it takes a lot of time and energy to do so!). As in any other relationship, chemistry is key. Trust your gut. Does this person seem as though s/he is going to serve your best interests, return your calls in a timely manner, aim to be cost-effective, and make all best efforts to fairly and equitably settle your case?  Many lawyers will provide the courtesy of a complimentary half-hour as part of the interview process. It’s free to ask!

2. Got Conflicts? Ask your attorney how well, s/he researches conflicts of interest. It would be terrible to delve deeply into your case only to have your lawyer tell you, s/he can’t represent you after all because a conflict (not previously well-researched) exists. A conflict of interest arises when the attorney or the firm is involved in multiple interests (financial, personal, etc.), any one of which could possibly interfere with the professional’s or organization’s integrity, or even have the appearance of doing so. This may be the case if your spouse came for a brief consult before you did, or if a business with which you, your spouse, or even a member of your spouse’s family may be involved are – or were – clients of the firm.

3. Bait and Switch. When interviewing, ask the lawyer who will actually be the one managing your case on a day-to-day basis. If you sign on with the senior partner, will that lawyer be the one handling everything on your behalf? You may be surprised to learn that more junior staff will be just as knowledgeable, much more accessible, and definitely more affordable. That said, if you find that your case is going to court, you may want the senior partner to be the one going to the mat for you. Ask to meet with the entire potential team before you sign on the dotted line. By the way, also ask if there is “double-billing” if each, the senior lawyer and associate, happen to sit in on the same meeting.

4. Billing Tricks Of The Trade. Ask your lawyer if the firm charges by the ¼ hour or 1/10 of an hour; if driving time is billed; if a retainer is required; whether there are cancellation fees; and if they charge for faxing/photocopying and the like. This will be (or should be) spelled out in your client engagement letter. For example, you can imagine that a two minute call can be billed as either a tenth of an hour or, at a minimum, a quarter of an hour depending on the contract that you have signed. One-quarter of an hour minimum billing units can add up very quickly!

5. Playing Well Together In the Sandbox. Ask if the attorney you are considering hiring knows your spouse’s counsel. It is a well-known fact that attorneys who have a proven history of “playing well together in the sandbox” will likely have a better shot at reaching a mutual accord. For instance, attorneys who are like-minded collaborative attorneys (versus litigation attorneys) may be more likely to go to the same professional meetings, to have served on Boards together, to read each other’s scholarly articles, and to have a proven track record of success in other cases. As we often say around my firm when we have an attorney who does not seem interested in advancing the client’s best interests, quoting Abraham Maslow, “I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail.”  Look for caring and skilled lawyers who have a specialized toolbox filled with everything they would need to build a protective haven to serve you well and to get you through this challenging time.

Article originally published in DivorcedMoms.com and republished in Mediate.com

Filed Under: Divorce, Family Law, Massachusetts Divorce Tagged With: Boston Divorce Lawyers, choosing a divorce lawyer, Divorce

Jon Fields to Attend Top Divorce and Finance Event

The AICPA/AAML National Conference on Divorce is an annual event that offers unparalleled opportunities to gain comprehensive insights on the financial aspects of divorce in the company of some of the Country’s top Divorce Attorneys and Chartered Public Accountants. As well as offering the advantages of a forum to network and learn from peers, expert speakers have previously presented on topics as diverse as Intellectual Property, healthcare and issues specifically encountered by women and LGBT couples. Jon Fields will be attending this year’s conference in New Orleans, May 2016. Fields and Dennis LLP looks forward to the insights this event will doubtless bring, as we anticipate returning to our practice with new perspectives and deeper professional insights on some of the most pressing and complex issues that our clients face.

Filed Under: Alimony, Divorce, Family Law, Firm News, High-Net Worth, Investments Tagged With: complex divorce, Divorce, Divorce Assets, Divorce Planning

How the Courts Decide on Alimony

Alimony is an explosive topic. Some people totally agree with it, while others are firmly against it. Either way, alimony can be a large part of divorce, and the financial aspect can be lengthy and costly for the party that will be paying the alimony. The decision of granting alimony by the court depends on several different factors that many people don’t even realize. For instance, a major factor is marital fault. The reason for the breakup of a marriage could affect the amount and duration of alimony in the eyes of certain judges. If one spouse has evidence of cheating, that could affect the alimony outcome, for example.

Another factor is the length of the marriage. Think about this: How long have you been married? Five years v. 25 years makes a huge difference, and with the latter, age plays into the equation. If you are a young person who is divorcing, the courts may look at you as someone who can easily obtain work. However, if you’re an older person, the courts may see you as unable to pay any type of support for a long period of time. Then there is the lifestyle during the marriage. Did you both live extravagantly? If so, this luxurious way of living may be over for the both of you. However, if you are a non-working spouse and are accustomed to a certain lifestyle, alimony may play into your favor. Then there is Social Security to consider. Did you know that if a non-working spouse, who had been married over 10 years to the former spouse and has not remarried, is entitled to her/his ex’s Social Security benefits? This becomes an element of alimony.

Health comes into decision-making as well. If a spouse isn’t in good health and is unable to sustain a job, this will affect how much and for how long s/he will receive alimony. For instance, if Spouse A has been out of work for two years and can’t return, then Spouse B may have to pay a larger portion toward alimony than originally expected. Besides health, kids are a major concern too. Who are the children going to live with? If they live with you, you may be entitled to more money, since the workday is shortened due to childcare. If they live with your spouse, s/he may be entitled to a larger sum.

Other monetary sources can pose an issue. Say, for instance, you have another source of income or a trust—this monetary source may affect how much alimony you receive or pay. A buildup of assets is important to note. For instance, if your husband built up his law practice while you were married, he now has to pay you half its value. The receipt of this lump sum could possibly reduce alimony payments down the line.

At Fields and Dennis LLP, attorney Jonathan E. Fields has almost 25 years of experience in Family Law, including alimony proceedings. He has been listed in The Best Lawyers in America ® 2015 edition in the field of Family Law. He is also an Executive Board Member of the Massachusetts Council on Family Mediation and a Panel Member of the Children and Family Law Trial Committee for Public Counsel Services. Please contact him today if you are looking for a trusted and experienced Boston divorce lawyer.

Based on this article: http://life.familyeducation.com/divorce/alimony/45556.html

Filed Under: Alimony, Divorce, Divorce and Family Law, Family Law Tagged With: Alimony, Divorce, spousal support

Choosing a Divorce Lawyer (VIDEO)

Choosing a divorce attorney is a highly personal experience and there are many factors that should influence your decision. Finding a divorce lawyer that you connect with and trust is important, and it is equally essential that they have the capabilities to handle the unique circumstances of your individual situation.

Watch this video to hear Attorney Jon Fields’ advice on finding the right divorce lawyer to handle your case.

Filed Under: Divorce, Family Law, Firm News, High-Net Worth, Massachusetts Divorce, Massachusetts Family Law Tagged With: choosing a divorce lawyer, Divorce, Divorce Attorney, Family Law, High-Net Worth Divorce, legal advice, legal video, Massachusetts Divorce

Divorce and Trust Interests: Demystifying the Legal Landscape for the Practitioner

The interplay between divorce and trust interests may be one of the most vexing for practitioners and mediators.  This primer attempts to synthesize the legal landscape in this area and to demystify the issue so that we may better serve our clients. Read the article by Attorney Jonathan Fields.

Filed Under: Divorce, Family Law, Firm News, High-Net Worth, Insurance, Massachusetts Divorce, Massachusetts Family Law Tagged With: assets, Divorce, Divorce Planning, Family Law, High-Net Worth, Mediation, Trust Interests, trusts

The Behavioral Impact of Divorce on Children of High-Income Families

A recent study out of Georgetown University and the University of Chicago looked at the impact of parental separation and divorce on the behavior of children in families of different income brackets.

Using data from the National Longitudinal Survey of Youth, a survey conducted by the Bureau of Labor Statistics starting in 1979, the study honed in on the reactions that children had to divorce over time. Read more.

Filed Under: Divorce, Divorce Statistics, Family Law, Marriage Tagged With: Children, Divorce, Divorce Study, High-Net Worth Divorce, Income, Parental Separation

Orthodox Judaism and Divorce

The unique circumstances of Jewish law as interpreted by those who practice Orthodox Judaism can make divorce an extremely difficult predicament for women in the religion. For starters, only the husband can grant a divorce with a document called a “get.” While a woman can still seek a legal divorce, without the “get” she is still married in the eyes of her religion, even years after a civil divorce is granted.

Someone unfamiliar with Orthodox Judaism may not understand the gravity of this scenario. Without the husband’s consent to a religious divorce, and without a “get,” an Orthodox Jewish woman cannot remarry or have more children. Without a religious divorce being granted, any remarriage is seen as adultery and can result in her being shunned from her Orthodox community. Read more.

 

Filed Under: Divorce, Family Law, Marriage, Prenuptial Tagged With: Agunot, Binding Arbitration, Divorce, Get, Get Law, Marriage, Orthodox Judaism, Religious Divorce, Separation

Heading Back to School after a Divorce

With fall quickly approaching, it is that time again, at once bittersweet and anticipated by parents everywhere – back-to-school. But, if you are recently separated or in the midst of a divorce, this first back-to-school season will be another in a series of adjustments. Summer certainly had its own challenges and negotiating vacations when children are not in school can be tough, but the upcoming school year poses its own unique issues to face. Read more.

Filed Under: Divorce, Divorce and Technology, Marriage, Massachusetts Divorce Tagged With: back to school, Children, Co-Parenting, communication, Divorce, divorce and children, Parenting, Separation

Why a Divorce Agreement May Not Provide Relief from Joint Tax Liability

There has been a recent rise in “gray divorce” – a buzzword coined for those couples divorcing after the age of 50, many of whom have been together for a number of decades.  The number of divorces in this age group may be increasing, but this does not change the unique challenges faced by these splitting couples. After all, the longer you are married the more intertwined your life, finances and obligations.

For many of these couples, the woman is at an additional disadvantage. While more and more women are nurturing their own careers and playing an active role in financial planning, there was a time when this wasn’t necessarily the case, and many women deferred the handling of financial matters to their husbands. While this may have made sense at the time, especially in a single income household, it can cause a number of tax related problems when a couple decides to divorce. Read more.

Filed Under: Divorce, Divorce Statistics, Marriage, Massachusetts Divorce Tagged With: Divorce, divorce agreement, Finances, Gray Divorce, Innocent Spouse Relief, IRS, Marriage, separation agreement, single income household, tax liability, tax problems, taxes

3 Ways to Financially Prepare for Divorce When Emotions are High

Divorce is a highly emotional time and when you are going through such a trying life event, practical matters may be far from your mind. But despite the emotional toll, it is important that you consider financial matters – if not for yourself, for the well-being of your loved ones. You will get through this difficult period, and once you are on the other side, you will surely want to enjoy your new life.

Asset division can make an already emotionally heightened experience even more overwhelming, but if you take it one step at a time, you will get through it and be glad that you didn’t let your finances fall by the wayside in the midst of turmoil.

Here are 3 financial tips to help you through a complex divorce. Read more.

Filed Under: Alimony, Divorce, Family Law, High-Net Worth, Marriage, Massachusetts Divorce, Massachusetts Family Law Tagged With: Alimony, asset division, child support, complex divorce, contentious divorce, Divorce, Divorce Advice, financial planning, taxes

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