, ,

Well….



We know how much everyone loves it when we do not give a yes or no answer to their questions. Realistically, sometimes, the question can not be so easily answered. For instance, are you allowed to start dating during a divorce?

Simple answer- yes.
Real answer- maybe. It depends on the totality of the circumstances and the real question is whether you *should* date.

To hear our thoughts on the matter, please check out our reel on Instagram:
https://urldefense.proofpoint.com/v2/url?u=https-3A__www.instagram.com_reel_DYmyt9Fy1sG_-3Figsh-3DdXg5dGt2d2lpdTZr&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=Mj7fry4mBudBr0hy3UVW0IW5LjHPEM6DJMVrLmFkfx8&m=msBHRg7CxO6Upp6O4Wbl3bdTQ3NNx6G69pX5kD9ah6x4ldyWv0Xn7EylA7OHyxpj&s=ErN1Ivd5RpNJPKBspkvo0LgM2R839-5usFn0hvoF3zs&e=


Or Facebook:

https://www.facebook.com/share/r/1JCBmcYomQ/?mibextid=wwXIfr

As always, we are grateful for your support of and trust in us for the most personal aspects of your life.

Regards,
John & Faye

/by
, ,

Lifestyle Matters.

Lifestyle choices amongst couples can be SO different; sometimes the decisions made are directly related to income, but other times it is a conscious choice of how the couple wishes to handle their finances.

Massachusetts Probate and Family Courts made a ruling which provides clarification as to how alimony may be calculated based upon lifestyle Openshaw v. Openshaw, 493 Mass. 599 (2024). In Openshaw, the court determined that a spouse receiving alimony may be entitled to an order which includes a savings component IF the couple previously focused on building a retirement portfolio rather than spending. This ruling expands the definition of “need” in determining an appropriate amount of alimony. Factors include:
1. Consistent contributions to savings or retirement during the marriage and the reasonable expectation that it would continue in the future; and
2. The ability of the payor to continue to fund the savings or retirement post- divorce.

The ruling has generally been well received, as it is intended to equalize post divorce standards of living. As always, we’re curious whether you think of this decision.

/by
, ,

Never a Doubt (fire).



Robin Williams was unquestionably one of the most memorable personalities of our time. His roles in Mork & Mindy, Good Will Hunting, Jumanji, Dead Poet’s Society and Mrs. Doubtfire were iconic.

We have no idea how many times we’ve seen Mrs. Doubtfire, but when we recently fell upon it, something hit differently. For the first time, we couldn’t help but reflect on the last couple of years of practice, packed with so many parents who really just wanted to parent. Historically, a good number of our clients have been focused on the financial aspect, but recently it’s been more on parenting rather than paying (which makes us SO happy).

Mrs. Doubtfire showcased the extreme desperation that some of our have been feeling about the potential of losing time with their children. Have any of them taken on a whole new persona with hopes of preserving their rights? Not that we know of, but we have definitely witnessed people act out of character for themselves.

We could come up with a billion reasons why child custody matters have become more intense, but we suspect that it is related to the “information” available online. We suspect that some people watch a 20 second reel on how to manipulate a situation without truly understanding the long term application or how it might effect their children.

In reality, when the dust settles and emotions dissipate, things usually turn out as they should. The hatred and vigor that the parties held for one another is replaced by returned focus on effective communication and co-parenting.

/by

You Get What You Get



AI is quickly changing the dynamics and expectations of many professional relationships. More than ever, we have recently been receiving inquires from our clients about information that they found online. Our first response is always, please let us know how your phrased your inquiry. Depending on how they phrased the question, the answer may be totally inaccurate or incomplete. Even when the answer is fairly accurate, AI does not take into account any personal, specific, often important details, of the individual case. AI also does not provide the perspective of any professional based on experience and (in our case) how that law really applies.

While writing this newsletter, we posed multiple inquires of a seemingly simple question, “What is pink?” Depending on which AI tool was used and how the question was framed, the answer was slightly different: some discussed the range of color, others the symbolism, as well as references to the singer and popular clothing line. Overall, there was no consistency in the answers and changing the language in the question even slightly changed the response generated.

We have recently heard that certain AI platforms will be limiting legal advice and we’re thrilled. We challenge you to look up “Does AI give legal advice?” When you scroll down, the overview answer (as of the day that this was written) is that it provides accurate advice 34% of the time. To us, the platform seems more detrimental than helpful especially where an informed user might assume that the content is accurate and, in our opinion, the only thing worse than no knowledge is incorrect knowledge.

We are not trying to tell you never to use AI; the platform definitely has it’s positives and uses. If you decide to use AI, you should be doing so with an abundance of caution and extremely careful regarding input of information. Simply put: you get what you get.

/by

Bullet Proof.


We hate being caught off guard in court. Can we change course as needed? Of course BUT it’s much easier and way more effective to be prepared than to get hit with a stray bullet.

One of the most important ways that we prepare our arguments is to analyze evidence. The best evidence is a written document which impactfully supports whatever it is that we are trying to prove or disprove; the ‘writing’ can be anything from a receipt or an email to a transcribed deposition.

What makes our job the most difficult is not having any evidence to support our position. Without evidence, it is merely an allegation and typically determined to be hearsay. If the other side has evidence and we do not, it is almost impossible to convince a judge to make a decision in our favor, even with the best verbal argument.

We often find that clients think that their “evidence” proves something in their favor when, in fact, it actually supports the other party’s position. Although disappointing for our clients when we give them this perspective, our goal is always to set a realistic expectation.

So, please, support your local attorney by helping them to help you. As always, we appreciate that you’ve taken the time to read our newsletter!

/by