Know Your Options
Lynda's practice has focused on divorce and family law disputes for over 30 years. As an experienced divorce attorney, Lynda can help guide you through all types of family disputes. Whether you are contemplating divorce or have been told by your spouse that divorce is likely, you should know your options. Lynda can help you understand the law and how it applies to your situation. As a Massachusetts family and divorce lawyer, Lynda understands family law.
Lynda's divorce and family law practice is limited to non-court options such as Collaborative Practice and Mediation. Lynda also serves as a consulting attorney for clients working with other mediators.
Mediation is a dispute resolution process where the parties work with neutral facilitators, usually attorneys or mental health professionals, to address all the details of their divorce. The neutral mediator cannot advise parties but, they can give them legal information and assist them in finding the best solutions for their situations. The parties meet with the mediator and, often, consult with attorneys and other experts outside of the mediation process, bringing the information back to the “table” for discussion. Mediation provides a setting, with expert guidance, that allows those who know the situation best (you) to determine the outcome.
In Collaborative Law, the parties each have their own attorney and, usually, other team members such as coach/facilitators, financial professionals and, if appropriate, child specialists, to assist them in the negotiations. By combining resources and taking away, in writing, the threat to go to Court if negotiations do not go as expected, the parties have more flexibility and creativity to fashion solutions that work for their situation. The Collaborative Team, including clients, meets together to work through the process. Collaborative Law is often more expensive than mediation but, usually, less expensive and more efficient than litigation. The use of the expert team members assures the parties that they have the best resources to address their problems.
Litigation
Most people think of litigation when they think about going to Court. The Judge has the ultimate authority to decide the details of the divorce. Those details include support (child support and alimony), property division, allocation of debts and other joint responsibilities, health insurance and related expenses, etc. Most divorce litigation cases do settle before the trial but, usually only after expensive Court appearances and preparation, contentious negotiations and escalating costs. In some cases, it is impossible to avoid this process and this might be the best solution but, most divorcing couples do have other options.
Divorce and Property Division
Divorce law in Massachusetts is influenced by the facts of each situation.
Massachusetts law requires an "equitable" division of all marital property. "Equitable" is not always equal. Most divorces are now based on an irretrievable breakdown of the marriage, commonly referred to as "no fault divorce." The emphasis is on coming to an agreement that both parties believe is best under their circumstances.
Parenting Plans
If there are children, their best interest is paramount. Parenting plans addressing child custody help all those involved know who is responsible for the children and when. They spell out how decisions are made on behalf of the children. Child support and other financial arrangements affecting the children are also important to negotiate. When appropriate, spousal support or alimony must also be addressed.
Do you have questions about support, parenting or property division? Lynda can help. Divorce law also includes modifications when things change. Contact us to find out what those changes mean to you.
Resources
For more information, see our Divorce Resources in the left sidebar or contact Lynda Robbins for a consultation.
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