Wednesday, April 26, 2017

Need to File For a Divorce After 50? Massachusetts Divorce Lawyer

Woburn Divorce Lawyer Massachusetts
Divorcing after 50?  

So you’ve decided to call it quits with your spouse after decades of marriage, raising kids, amassing retirement accounts, turning gray?

At this stage, the concerns aren’t custody of the kids, parenting schedules, holidays and vacation weeks, or child support. The issues revolve around money, plain and simple. Alimony is likely an issue. Dividing retirement accounts is an issue. Dividing real property, personal property, inheritances, all other assets AND liabilities is an issue.

Finances & Assetts

Make a list of all your financial assets -- house, car, furniture, savings accounts, etc.  Make a list of all your financial liabilities – college expenses, personal loans, mortgages, car loans, credit card debt, etc. This financial snapshot is instrumental in determining the value of the marital estate and how it can be equalized.

Obtain a copy of your credit report and dispute any errors. Clean up any long-standing and open credit cards by closing them – especially if they are jointly held.

Financial Advisor

Consult with your financial advisor and accountant. A gray divorce has serious financial consequences. You want to be prepared in the event you have to share your retirement account with your spouse, buy out their interest in real property or other assets, and/or assume more of the marital liabilities.

If you don’t have your own financial advisor or accountant, or you use the same professionals as your spouse, consult with Tourkantonis & Delaney for referrals to their specialists. As a team, we will advocate for the best results for you – legal AND financial.

Benefits to Hiring a Divorce Attorney

A divorce attorney will advise you on your legal rights and obligations during divorce proceedings. You MUST consult with a financial advisor and accountant regarding the financial consequences of your gray divorce. At Tourkantonis & Delaney, PC, we have a team of professionals who represent our clients’ best interests – legal AND financial.

By Kathleen Delaney


Friday, February 10, 2017

Child Custody and Removal in Massachusetts

A parent seeking to move their child/ren outside of Massachusetts is not as simple as just packing up and moving. Such a move will likely disrupt the parenting time of the non-moving party and have an impact on the relationship between him and the child.
Child custody lawyer Woburn MA

It is extremely important to know that if the parents are NOT married but have children together, and there are no orders or judgments from the Court regarding custody and/or support, the mother may move the children wherever she wants without permission from the Court. If there are orders or judgments from the Court, then the parent that wants to relocate must obtain permission from the Court to do so.

The Court will consider whether there is a “real advantage” to the moving parent AND what the best interests of the child/ren are. The “Real Advantage Test” is not controlled by only one factor. It is very fact specific. The Court considers:

  • Whether is there a good, sincere reason for wanting to remove to another jurisdiction or whether the move is to spite the other parent
  • The interests of the child (whether their life will be improved, the impact on the child’s development, educational issues of the child, health of the child)
  • The interests of the parent wanting to move (see below), and
  • The interests of the parent remaining in Massachusetts (alternative parenting time, elimination of association with the child) 
The Court will consider these factors, and others, related to the parent wanting to move:  
  • Remarriage of the moving parent
  • Job, educational and financial opportunities of the moving parent
  • Military service of the moving parent
  • Supportive community / Family in another state to which the moving parent wants to move
  • Medical issues
If you are a parent going through a divorce and there is a shared physical custody arrangement as part of your Separation Agreement, be sure to include a provision that states the parents cannot move more than 15 or 20 miles from each other. This makes it clear to both parents that their residence is governed by the shared custody arrangement.

If you are the father of a child or children and are not married to their mother, you should immediately seek a Court order or judgment establishing custody and a parenting schedule. Be sure to include a non-removal provision in any temporary order or judgment.

If you are the parent who wants to move outside Massachusetts, seek legal advice before doing so. The Court has the authority to order you to return the child to Massachusetts if you move him or her without permission from the Court. If you are the non-moving parent, seek legal advice to ensure your ability to parent remains intact.

By Kathleen Delaney


Monday, January 30, 2017

Can I File For Divorce Myself? Limited Assistance Representation in MA

filing for divorce myselfLimited Assistance Representation (“LAR” or “unbundling”) allows you to do most of the work on your case while the attorney’s services are limited to specific tasks. For example:

1.    You can draft complaints or other legal documents and hire an attorney to review them to make sure they are adequate for filing with the Court;
2.    You can appear in Court without an attorney, but consult with an attorney who can inform you on the legal issues, court procedures and strategy;
3.    You can draft/prepare documents and hire an attorney to appear in Court and make your argument;
4.    You can hire an attorney to make ‘discovery requests’ to the other party; discovery usually consists of official documents or statements from banks, employers, the other party, etc.
5.    You can hire an attorney to attend a meeting between the parties and counsel, or you can hire an attorney to coach you before the meeting.

Hiring an attorney on a limited basis is often less costly than if you hire them to provide full legal representation. For example, parties going through a divorce with children can expect to pay $20,000 or more for two attorneys, one representing each party. An attorney hired on a limited basis will likely cost less, depending on the scope of services for which they are hired. The circumstances of each case dictate the cost. An attorney can be effective at moving your case forward, especially if you are overwhelmed by the process and/or opposing counsel.

Communication is key to any relationship, of course, but especially between you and your potential attorney. Most attorneys do not charge for an initial consultation, so make the time and effort to consult with an attorney and give them a thorough overview of your case so they can adequately advise you. The complexity or simplicity of the issues, combined with your complete disclosure, will assist the attorney with valuing your case and the scope of their representation. A good divorce attorney will inform you about the strength and weaknesses of your case and help you decide whether you need full or limited representation and which aspects of your case each of you will handle.

Attorney Delaney’s limited assistance representation fee structure is determined by a number of factors. Her initial consultations are complimentary. You can call or email her office to schedule an in-person or phone consultation. Have whatever paperwork has been filed and/or served or a list of issues with you during the meeting so she can adequately advise you.

By Kathleen Delaney