Posts

, ,

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

/0 Comments/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.

/0 Comments/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

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

#IYKYK


Does your gut ever speak to you? If so, do you listen to what it tells you? Practicing law is not only a combination of knowledge and experience, but also of instinct (and believe it or not) and morals.

We recently had a case where our client had some significant mental health concerns. At the beginning of the case, he voluntarily enrolled in an one month, impatient treatment program. After some discussion, we agreed that we would delay any negotiations until he had completed the program.

Soon after he completed the program, we resumed negotiations. During what should have been an easy conversation, his mannerisms became way more intense and erratic. The uneasy feeling spiraled in well under two hours and an immediate judgement call needed to be made: Could our client continue to negotiate the matter or did the case need to be halted immediately (and essentially without asking him) to protect him from himself? In this case, instincts and morals made the quick decision.* #IYKYK

* Having a M.Ed. in counseling and previous career in mental health probably didn’t hurt in this situation; however, having not practiced in that sphere for a long time, I also needed to be careful to stay in my legal lane.

/by