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Survey Says

If you haven’t already figured it out, inspiration for our newsletters often comes from pop culture or current events; this one comes from channel surfing in between innings and randomly catching a question on Family Feud.

What caught our attention? “If your husband told you that he wanted a divorce on Sunday, what would be the first thing that you do on Monday morning?” Of course, we were curious how people answered.

The answers that didn’t find a spot on the survey were entertaining: throw a party, go on a date, have sex with my spouse’s best friend and bad mouth the person.* We can’t tell anyone what to do, but generally speaking, we recommend not doing any of those things.

What *should* you do in the short term?
1. Call a lawyer to familiarize yourself with your legal rights;
2. Take care of yourself by remembering to eat, sleep, exercise and maintain your appearance;
3. Speak positively about your spouse in the presence of your children;
4. Try to avoid hostile confrontations with your spouse;
5. Remind your children that you love them and divorce will not change anything;
6. Seek out a therapist;
7. Answer questions that your spouse may have about things that may have occurred during the marriage in a respectful manner but be careful about asking questions while you are still angry;
8. Start collecting financial information about marital assets; and
9. Retain an attorney.

We realize that some of our suggestions may not be easy to do in the heat of the moment when you are hurt or angry. Chances are good that you will have some heated discussions, but civil discussions are usually more effective and productive.

As always, we are here to help you with any legal questions that you may have. Please feel free to call the office or email us at [email protected].

Regards,
John & Faye

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Kids, Kids, Kids

 

Kids, Kids, Kids

As many of you know, both of us are parents and one of us has a M.Ed. in counseling  and psychological services. Not surprisingly, our view of the world is often child focused.

We cannot reinforce enough the importance of parenting during and after divorce. Accusations of bad parenting probably make up 25% of the calls that we get on a weekly basis.

Divorce effects children of all ages. Some ways to keep your children happy(ish) during and after a divorce:

1. Always remember that your kids should be more important than anything or anyone else;
2. Allow them to see that you are imperfect and vulnerable yet surviving;
3. Maintain and demonstrate positive coping techniques;
4. Vent or soul search with a friend or therapist, but not to your children;
5. Be a good co-parent. The Commonwealth of Massachusetts mandates that all parents of minor children attend a Parent Education class. We also recommend that some parents hire a co-parenting counselor to learn effective communication;
6. Never ever EVER say a negative word about your ex when  your children at in the same location as you. They will hear it, even if you think they are asleep; and
7.  Encourage your kids to share how the divorce is effecting  or has effected them. Some kids are more verbal while others will act out behaviorally. Help your child to identify someone who they feel comfortable confiding in, whether it be an aunt, therapist, teacher, religious leader or you.

As always, please feel free to contact with any legal questions you may have. We also encourage you to read prior newsletters on our website www.wjslegal.com .

Warm regards,
John and Faye

 

 

 
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You’ve Got to Know When to Hold ‘Em.

“You’ve got to know when to hold ’em
Know when to fold ’em
Know when to walk away
And know when to run
You never count your money
When you’re sittin’ at the table
There’ll be time enough for countin’
When the dealin’s done.”
– Kenny Rogers

Mortgages are a bit like gambling. You never know when the “perfect time” to initiate a new mortgage is, because there is always a risk that interest rates could go down slightly right after you sign the documents; however, there is always a risk that rates could also rise. The good news is that you can always refinance if rates drop, so unlike gambling, you can “fix” a bad hand.

Right now is a great time to buy (or refinance if you haven’t already done so). Mortgage rates are still really low and  housing prices have stabilized. Of course, nobody wants to pay more than they have to for their home. Here is how to “win” the mortgage game:

1. Connect with a really good loan officer.* He or she will help you to obtain the best mortgage rate available based on your income, liabilities, assets and credit score;
2. Correct your credit score, if needed;
3. Consider a 15 year mortgage instead of a 30 year. The monthly payments are often only slightly higher, but you can save a ton of money by minimizing how many years you are paying interest;
4. Take your pre-approval and start looking for a new home with a realtor; and
4. Retain an awesome attorney to close your mortgage!

Curious about the current mortgage rates? Check out this website:
https://themortgagereports.com/47095/mortgage-rates-today-january-21-2019-plus-lock-recommendations

Wondering about how much a mortgage might cost? For a ball park range only, peek at this one:
www.mortgagecalculator.org

If you just want to listen to Kenny Rogers:
https://www.youtube.com/watch?v=UyARoGIzmKk

As always, please let us know if we can help with a real estate or any other legal matter.

Regards,
John & Faye
* If you are in need, we are happy to recommend a really good loan officer. 

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Pliability.

Pliability.
/ˌplīəˈbilədē/
noun: the quality of being easily bent; flexibility.
– Google Dictionary

If you live in New England, the word “pliability” may trigger thoughts about Tom Brady and Alex Guerrero. Arguably, Brady has been able to play into his 40’s and gain legendary status because of his commitment to pliability. 

Pliability is a must for the family of all professional athletes and coaches. Like having someone enlisted in the military, it is a full family commitment to crazy, constantly moving schedules.

Brady is not unique in that his family is blended; he has a child from a previous relationship and two children with his wife. What would happen if the mother of his oldest son wasn’t pliable?

No Super Bowl or parade for the kid even though his dad is the GOAT. Without knowing any of the parties or the specifics of their parenting agreement, it is unlikely that Brady always has visitation on the first Sunday of every February or the following week reserved so his son can ride in a parade (though it might be smart to do so).  Without some pliability by his mom,  the poor kid would miss these extraordinary, once (or six times) in a lifetime, experiences. While we realize that Brady’s specific concerns are not typical, they actually are pretty common.

Take the fairly typical “overnights every other weekend and dinner once or twice during the week” scenario. What if there is a big family event that the child would miss because it’s not the “right”  weekend for the parent?  What if Mom or Dad travel for work?  What if one of the parents or the child(ren) are sick? Ideally, both parents are pliable and do what is best for the child(ren).

Co-parenting can be bit trickier if the parents live far apart from one another. Typical visits are longer in duration, but less frequent. For some parents, it means commuting back and forth to where their child lives. In this scenario, the local parent should really be pliable if the parent shows up late, arrives early or needs to reschedule due to weather. 

Simply put, there is no “one size fits all” for co-parenting schedules and life happens. When developing a plan, the parents  should consider the needs, preferences and best interest of the child.  They should also be (wait for it) PLIABLE.

As always, please let us know if we can help you with developing a parenting agreement that works for you or any other legal matter.

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Television Lawyers

If you follow us on Facebook*, you probably know that we love to reference movies and television shows. We bet you know some of these names: Vinny Gambini. Rachel Zane. Saul Goodman.  Fletcher Reede,   Sol & Robert. Rebecca Bunch.  Lionel Hutz.  Elle Woods.

What do all of these names have in common? They are all attorneys created by Hollywood and take creative liberties about what it like to practice law in the real world.

1. Attorneys are more like chess players than dramatic actors.  If you walk into a court house, you won’t see lawyers slamming their fists on the table or hear dramatic music. What you will find is lawyers huddled in a corner or in a conference room, trying to position their client in the most favorable way. There are, however, those Elle Woods toe tapping moments, where a new realization changes our next move.

2. Attorneys are actually decent people. Being an attorney means that you get to help people in your community with real solutions. We are generally nice people, just trying to perform a service, not the nasty, self serving jerks that Hollywood often makes us out to be.

3. Attorneys are pretty honest.  We present evidence that is favorable to support our client’s position. We can be creative in arguments and questioning.  We can present alternative explanations.  Much to the surprise of some clients and as Fletcher Reede once said, we “cannot lie.”

4.  Attorneys put a lot of work into an argument.  Good attorneys can make a strong argument and make it appear effortless.  One of our best friends participated scholarship pageants when we were in college. Did she wake up every morning looking like a Disney princess?  Nope, but she wanted to win, so she practiced her singing and spent a lot of time fine tuning her interview skills.  Similarly, attorneys spend hours, days and months looking at evidence and planning to argue our client’s position.

Who is your favorite lawyer on television or in a movie?**

If we can assist you in any legal matters, please call or email us at fayejslgal.com.

Regards,
John & Faye

* If you don’t, you should: https://www.facebook.com/Wjslegal/?ref=bookmarks
** Ours is currently Saul Goodman!

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