FREE FREE DOWNLOAD DOWNLOAD THE MASSACHUSETTS DIVORCE PLAYBOOK What You Need to Survive A Divorce in Massachusetts FORWARD BY ATTORNEY IRWIN M. POLLACK FOUNDER & PRESIDENT POLLACK LAW GROUP, P.C.
Massachusetts Divorce Lawyers and Family Law Attorneys Dedicated to Protecting You! Greetings! My name is Irwin Pollack. I m the Founder and President of Pollack Law Group, P.C. Having gone through my own divorce years ago, I founded the Firm in hopes of making the process easier for other men and women who face the same uncertainties and myriad of emotions that I once did. Our law firm is rather unique. We have more than a dozen regional offices and client conference centers across Massachusetts. And while our lawyers are each assigned to specific courthouses (to become familiar with each of the judges and court procedures), we work as a team pooling our knowledge and handpicking financial experts and others who concentrate day in and day out in domestic relations and matrimonial law. Through teamwork, we are more efficient than most other firms and often accomplish more than one goal at a time. No matter how unique your situation may be, rest assured we ve handled other cases just like yours. From the young to elderly, middle class to wealthy, we ve represented thousands of men and women in both same-sex and opposite sex partnerships. Whether we re in any of the Boston Probate & Family Courts, in Brockton or Plymouth on the South Shore; New Bedford, Taunton or Fall River on the South Coast; on the Cape, or anywhere across Massachusetts Worcester, Northampton, Greenfield, Springfield, or Pittsfield each of our attorneys focuses on asset valuation and division, child support, allocation of college costs, alimony and spousal support, taxes, health and life insurance policies, parenting plans, business interests and future modifications. 1
Let me give you just one piece of advice: when facing a divorce, it makes sense to arm yourself with high-quality information. Read this Special Report and then go through our website again and again reviewing the court process, learning how the law is applied in any of the 14 districts of the Probate & Family Court and what to do if you re worried about your spouse under-reporting income or hiding assets. Then watch our videos, including the testimonials from former clients. We ve become the lawyers of choice in cases in which fathers rights and mothers rights come into play. We re also proud to have assisted and fought for children by helping their parents get through the divorce process so that the roles of mom and dad don t have to change. When you are ready to give yourself the gift of zealous advocacy, call us for a free, no-obligation consultation. Call toll-free at (800) 910-DIVORCE (3486). Schedule an appointment in our Boston, Woburn, Plymouth, Southborough, Worcester, or Springfield offices, or ask about meeting us at any of our other statewide offices or satellite centers. Even though we have a team of 20 attorneys, paralegals and staff, I m still very actively involved in the day-to-day client matters either working hand-in-hand with the team or handling certain cases on my own. Have a question about a high-asset or business ownership issue? Call me on my direct line anytime: (781) 708-4527. Enjoy this Special Report, and I look forward to meeting you when you first come in for your appointment at one of our offices. VERY TRULY YOURS, Irwin M. Pollack 2
TABLE OF CONTENTS TOPIC PAGE # How to Get Started 4 What Type of Case Do I Have? 4 Filing Your Complaint for Divorce 5 What Happens on the Day of Court? 5 Child-Related Issues 6 Alimony & Property Division 7 Settlement or Trial? 8 Final Words of Advice 9 3
How to Get Started If you ve been thinking about divorce or you ve just been served, recognize that half of all marriages end in divorce. Rather than feeling like your marriage failed, consider adjusting your mindset. Realize that the divorced family isn t the broken family, but rather the family staying in a bad marriage -- that s the broken family! The first thing you must do is find yourself legal representation. You need an attorney who knows the local court and the judge assigned to your case, and one who will be a zealous advocate who will get you what is rightfully yours and nothing less! Any husband (or father) who claims the Massachusetts courts favor women hasn t met the attorneys at our firm. Women no longer have all the power. Now, divorce is a more even playing field and men don t automatically lose everything. Representing fathers are some of our favorite cases, but we'll always advise men that becoming involved in prolonged custody litigation may not always be the way to go. With skillful negotiation, and a well-executed strategy, we may still be able to protect you and your children without having the judge make the final decision. We ve also been referred to as the lawyers of choice when womens rights come into play. We are proud to have represented hundreds of women including those who have left the work force to become the family s primary caregiver. We recognize the economic value and marital contribution of any stay-at-home parent. We think outside the box. We ve earned a reputation as problem solvers. We take on challenging family law issues that other lawyers and law firms won t even touch. When it s time to put your game plan into play, call us for a free, no-obligation consultation. We meet clients early in the morning, at night, and even on the weekends! What Type of Case Do I Have? In each of the Probate & Family Courts across the state, all matters either proceed on the contested or uncontested track. An uncontested divorce is a type of divorce where both of you are able to reach mutual agreements without conflicts or arguments. A contested divorce is where the two of you disagree on one or more of the pertinent issues and are unable to come to terms without the court s help. 4
Even if your divorce is uncontested, you are still well-advised to retain an aggressive and knowledgeable Massachusetts divorce attorney. You need to be informed of your legal options and make sure that each of the potential pitfalls in your settlement are addressed to your satisfaction. Filing Your Complaint for Divorce To start a case, you file a complaint. A complaint is a document you create that identifies who the parties are, what your reasons are for bringing the case, what the facts are in your case and what you want the court to do. Once you hire an attorney, let him or her work zealously on your behalf. Since you must file on specific forms in a specific way, the attorney s guidance is essential at this stage to make sure your complaint is in the proper format. After the complaint is filed, your attorney will likely receive a summons. That official document notifies the defendant that a case has been filed against them and how long they have to file their answer in response to the complaint. The next step after filing and receiving the summons is to give (serve) a copy of the summons and complaint to the defendant your spouse. Since there are rules for how to do this, this is another reason that using an attorney to represent you is in your best interest. What Happens on the Day of Court? When you go to court for temporary orders, most Judges require that motions (requests) are first heard by the Probation Department (sometimes called the Family Service Office). When you go to the Probation Department, a probation officer will meet with you and your lawyer (along with your spouse and their attorney) to hear what you are both asking the court to do. The officer will then make a recommendation to both of you about how the situation can be resolved. It is important to know that the probation officer is not the judge. The officer makes recommendations, not orders. If you do not agree with what the probation officer recommends, you have the right to present your requests to the judge. 5
Child-Related Issues If there are children involved in the divorce, the court must deal with all child issues at the same time. Custody: In Massachusetts, when the parents cannot agree on custody or parenting plan arrangements, the court will make the decision for them after considering the circumstances, with the overriding consideration being the child s best interest. In making that determination, the court will view both parents' and child's physical and mental health, their lifestyles, the emotional bond between each, each parent's ability to give guidance and the basic necessities to the child, the child's routine, the willingness of each parent to encourage an ongoing relationship between the child and the other parent, and in some cases, the preference and motivation for any preference stated by the child. When it comes to razor-sharp drafting of Separation Agreements, the following points are included in our custody and parenting plan section: living arrangements, the terms for future modification and review, each parent s access to the children when they are with the other parent, relocation out of state, notification of illness, access to child(ren) s medical and school records, emergency decisions, religion and religious training, and contact of the child(ren) with each parent s new partners. Child Support: Massachusetts General Laws contain guidelines for the computation of child support. In general, it is assumed that these guidelines apply in all cases seeking the establishment or modification of a child support order. A specific, written finding that the guidelines would be unjust or inappropriate and that the best interests of the child have been considered in a particular case shall be sufficient to rebut the presumption in that case. There are certain situations where a divorce lawyer or family law attorney may zealously argue to the court that a particular case is not a guidelines case. Factors often viewed favorably in such an argument include: Extraordinary medical expenses Prior orders of support from past families The non-custodial parent spending an inordinate amount of time with the child Sometimes, attorneys make the argument that one parent is earning substantially less than he or she could through reasonable effort. If that argument is viewed successfully, the court may consider potential earning capacity rather than actual earnings. 6
In making this determination, the court shall take into consideration the education, training, and past employment history of the party. These standards are intended to be applied where a finding has been made that the party is capable of working and is unemployed, under-employed or is working a job, trade, or profession other than that for which he/she has been trained. Relocation: Relocation cases are difficult and mostly depend on the facts of the individual case. In parental relocation cases, the court considers many factors in deciding whether the child will move or not, including the motives behind the proposed move, the distance,the quality of the child s relationship with the stay-behind parent, how the move will affect the child, and ways to keep up the relationship with the left-behind parent after the move. In long-distance move cases, a parenting plan should address telephone contact, virtual contact and travel arrangements among other considerations. Alimony and Property Division Massachusetts adheres to the concept of Equitable Distribution of marital assets. Equitable Distribution doesn t mean equal; it means fair. There are a number of factors that the judge uses to determine what distribution is equitable. Marital property includes pensions, bank accounts, stocks, bonds, real estate, personal property, antiques, collections, automobiles, cash value of life insurance, and all other assets including those which were inherited or gifted. Just because an asset is included does not mean the other spouse will get a share of any part of it. As it relates to alimony, a court order or written agreement requires one spouse to pay money to the other spouse for their support. In determining the amount of alimony, if any, to be paid, the judges in the Massachusetts divorce courts MUST consider the following sixteen factors: 1. Length of marriage 2. Conduct of the parties during marriage 3. Age of the parties 4. Health of the parties 5. Station of the parties 6. Occupation of the parties 7
7. Amount of income of the parties 8. Sources of income of the parties 9. Vocational skills of the parties 10. Employability of the parties 11. Estate of the parties 12. Liabilities of the parties 13. Needs of the parties 14. Opportunity of the parties to acquire future capital assets 15. Opportunity of the parties to acquire future income 16. The present and future needs of dependent children of the marriage Settlement or Trial After months of discovery, document review and attempted negotiation, the final phase of the case is arriving at settlement or preparing for trial. The vast number of cases settle. Settlement depends more on the parties or their attorneys' willingness to settle rather than the actual issues themselves. The judges encourage settlement whenever possible. Oftentimes four-way settlement conferences where the parties and lawyers meet to explore settlement options, are required by the court. Sometimes, where a legitimate dispute is involved, the judge will meet with the lawyers in chambers to discuss the issues and to make settlement recommendations. This is called a settlement conference or a pretrial conference. These conferences are helpful because the judge who makes the recommendation will be the same person who will preside over the case if it goes to trial. As a rule of thumb, a good settlement is equal to or better than what the judge will order at trial, considering the cost of attorneys fees incurred in trying the case. If the case does not settle, it goes to trial. The average divorce case lasts approximately nine months. If it settles, the case is typically over six weeks after agreeing on the terms of settlement. 8
Because finances are often a challenge during divorce, money problems and marriage problems often go hand in hand. For some, bankruptcy becomes an option and this is often good news. When divorce is imminent, discharging debts can make the process easier by eliminating fighting over the division of debt and who has to take on the burden of debt payments. It can free up income to pay for the support of two households and child support if payments on credit cards and loans don t have to be made. Our attorneys are well-versed in handling bankruptcy matters as well as other family law challenges. Final Words of Advice One of the benefits of marriage is the supervised divorce process. The judge, in every divorce matter, must make findings that the proposed agreement between two parties is fair and equitable based on the factors mentioned above. If you ve just started the process, you are probably very scared. You wonder, Will I have enough to retire on? What about alimony? Am I doing what s right by the children? Sound familiar? You re not alone in feeling overwhelmed by this entire situation. To get the help and relief you re searching for, call our firm for a free, no-obligation consultation. We re available 24/7/365 to help you and your family get to the next stage of your life. 9