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Thinking about divorce? Ask an experienced Worcester Divorce Attorney if divorce mediation is right for you.

January 3, 2013 By

If you made it through the holidays thinking “never again” you may be ready to divorce. Think before you act. You could initiate an expensive, litigious and stressful process or you could consider divorce mediation.

You fell in love, got married, and maybe you had kids. Getting divorced may not be easy, but why make it harder or more expensive than it has to be.

Try mediation before going to court.

Divorce Mediation can be faster, cheaper and less stressful than traditional representation. The cost to divorce with attorneys and multiple court appearances can become enormous.

You have nothing to lose by using mediation; it’s simpler, quicker and makes better outcomes. You stay in control of the divorce mediation, it’s confidential and private.

Mediation involves the use of an independent, qualified and neutral third party to help couples talk through how they will divide their assets and decide what to do with their children.

Each New Year many couples decide to separate.  The stressful holidays are behind them and they are ready for a fresh start.

Happy New Year!  Happy new you!

Contact Parker Mediation at 508.795.0200 to learn more about divorce mediation and what we can do for you.

Filed Under: Divorce Mediation, Massachusetts Divorce, Worcester divorce lawyer, Worcester divorce mediation, Worcester MA Mediator Tagged With: , , , ,

Divorce Mediation Avoids Costly Litigation

February 27, 2012 By

Parker Mediation is dedicated to serving our clients with the best experience through troubled times. Our experienced divorce mediators help parties move away from positional bargaining and towards ideas that serve the interests of our clients. Cooperative explorations help people avoid impasses and obtain individualized and unique solutions.  Our mediators defuse difficult situations that may have occurred when prior tactics failed.

How mediators help people is part skill, part art and part intuition.  We understand that divorce can bring about negative feelings, poor behaviors and even irrational thinking. Our divorce mediators are specially trained to help you through aggressive adversarial tactics, insulting offers and bad faith proposals. We do this by exploring the realities and consequences of many different choices. Fear often drives people to act in unflattering ways. By taking control of your divorce, fear is reduced, rational thinking prevails and good decisions are made.

To learn more about divorce mediation and to schedule time with one of our mediators, call Yvonne at 508.795.0200. She’ll answer any additional questions and explain how to get started.

Filed Under: Divorce Mediation, Massachusetts Divorce, Worcester divorce lawyer, Worcester MA Mediator

Valentine’s Day

February 14, 2012 By

Valentine’s Day may be bitter sweet if you are struggling in a broken marriage.  Do not despair, you can take charge of your future. Have a heart to heart talk with your spouse. Change may be difficult, but sometimes change is for the best. At Parker Mediation we help couples get through divorce with the least amount of pain possible. Next year will be better, you’ll see.  Call 508.795.0200. Happy Valentine's Day!

Filed Under: Divorce Mediation, Massachusetts Divorce, Worcester divorce mediation

Joint Petition for Modification of Judgment

December 16, 2011 By

Joint Petition for Modification

A Joint Petition and Affidavit for Modification of Judgment soon will be available for use in The Probate & Family Court. This will be a welcome tool for folks utilizing mediation services.  Parties will be able to mediate modification agreements and then file them with the court using a Joint Petition.   The proposed Rule 412 will facilitate uncontested actions to modify judgments.  The filing may be approved by the Court administratively.  That means you won’t have to go to court, unless the court determines that a hearing is necessary or helpful for disposition of the petition.

The Massachusetts Probate & Family Court is planning  to permit folks to file a Joint Petition for Modification of Judgment. Parties that wish to file a joint petition will file a signed and notarized agreement, accompanied with an affidavit.  In matters involving changes to financial terms, the parties will also file financial statements and/or child support guidelines worksheets.   This new process will save time, money and relieve the long lines in the Probate & Family Court.   Unless the court schedules a hearing, you will have your decision in fourteen days.

This is a welcome tool to assist families that want to make changes to their divorce agreements. Filing a Joint Petition for Modification of Judgment will be less costly than going through a traditional process of filing a Complaint for Modification.   Using mediation to discuss proposed changes to parenting plans, Alimony and child support, will keep open lines of communication.  You stay in control of the process and avoid litigation.  The divorce mediators at Parker Mediation will facilitate the process to modify your judgment.  We keep it simple and confidential; call us today at 508 795 0200 to take the next steps.

Filed Under: Alimony, Alimony in Massachusetts, Child Support, Complaint for Modification, Divorce Mediation, Massachusetts Probate and Family Court

Alimony Reform Act of 2011

September 28, 2011 By

This week Gov. Deval Patrick signed the Alimony Reform Act of 2011. The provisions of the new law take effect on March 1, 2012. The mathematical algorithm for determining alimony is fairly complex, but the new alimony law generally reduces the duration of time alimony payments will occur following divorce. Anyone considering divorce should be aware of the changes and plan accordingly.

Folks that are currently receiving or paying alimony will want to review options created by the new law reforming alimony in Massachusetts. In many cases parties will want to seek a complaint for modification because the existing alimony judgment exceeds the durational limits set forth in the new law. A set schedule establishes the transition period for the filing of these types of complaints.

Payors who were married to the alimony recipient 5 years or less, may file a modification action on or after March 1, 2013. Payors who were married to the alimony recipient 10 years or less, but more than 5 years, may file a modification action on or after March 1, 2014. Payors who were married to the alimony recipient 15 years or less, but more than 10 years, may file a modification action on or after March 1, 2015. Payors who were married to the alimony recipient 20 years or less, but more than 15 years, may file a modification action on or after September 1, 2015.  Also, any payor who is eligible for the full old-age benefit under the United States Old Age, Disability, and Survivor Insurance Act, 42 U.S.C. 416, or who will become eligible for said benefit on or before March 1, 2015 may file a complaint for modification on or after March 1, 2013.

The transition period provides the opportunity for people to plan accordingly. If you and your ex-spouse plan ahead and communicate openly, the topic of alimony will be easier to handle. If you are facing changes as a result of the Alimony Reform Act of 2011 and would like to mediate rather than go to court, feel free to contact us at Parker Mediation 508 795 0200 to schedule a free consultation.

Filed Under: Alimony in Massachusetts, Divorce Mediation, Divorcing in Massachusetts, Massachusetts Divorce, Massachusetts Mediators

2010 Census Sheds Light on Marriage Trends

May 24, 2011 By

The US Census numbers are out and there is good news!

People getting married are statistically more apt to stay together than in years past. One reason for the increase in “happily ever after” is that people are waiting longer to get married. Another reason might be that folks are not marrying in the first place. Census figures report one third of adults stay single. Without societal expectations for marriage, more people cohabitate. This begs the question, is marriage an outdated institution for the modern couple?

As long as children continue to listen to stories of frogs and dragons, prince and princess, the promise of a happy future beckons star crossed lovers. We do not have to look far for a fairytale wedding, just a hop over the pond. William Arthur Philip Louis and Catherine Elizabeth Middleton became husband and wife on St. Catherine’s day, 29 April 2011. In flawless style, the two joined in Westminster Abbey and delighted crowds with kisses from the balcony of Buckingham Palace.

These modern monarchs completed their educations, cohabitated, separated, and then finally married. Marrying at a later age often means folks are more educated and financially secure. It makes sense that people with greater life experiences will make better choices when it comes to choosing a mate. Congratulations to Will & Kate; may they join the 75% of folks that married since 1990 that celebrated their 10th wedding anniversary.

Filed Under: conflict management, Divorce Mediation, Massachusetts Divorce, Worcester divorce lawyer

Probate and Family Court Introduces Bilingual Short Form Financial Statement

January 11, 2011 By

The Massachusetts Probate and Family Court Department recently announced the introduction of a bilingual short form financial statement. The entire press release is as follows:

In response to the high percentage of bilingual, self-represented litigants in many of its 14 divisions, the Probate and Family Court has introduced Spanish and Portuguese versions of its Short Form Financial Statement (CJD-301s), one of the most widely used Probate and Family Court forms.

The Court partnered with the Trial Court’s Access to Justice Initiative and the Office of Court Interpreter Services to develop this more accessible form. Spanish and Portuguese together represent 86 percent of the interpretation needs of court users across Massachusetts.

The Forms Task Force of the Access to Justice Initiative will continue to prioritize additional court forms for translation, and identify other opportunities to make forms more accessible to the public.

The Short Form Financial Statement (CJD-301s) is used by plaintiffs, defendants or petitioners in cases such as divorce, child support, paternity, modification and contempt, when annual income is less than $75,000.

The revised financial statement includes English text and translated text on the same form. All information entered on the form by court users must be completed in English in order for the form to be accepted by the Court, as detailed in the separate instructions provided to enable completion of the form.

The forms are posted on the Internet at the address below and must be printed with black ink on pink paper, pursuant to Uniform Probate Court Practice XXXIII. The online version is currently available in a “print only” format, while a “fillable” version is being developed for posting in the near future.

Link to revised Short Form Financial Statement (CJD-301s):

http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/forms.html

Filed Under: Massachusetts Divorce, Massachusetts Probate and Family Court

Alimony In Divorce

October 25, 2010 By

The decision to divorce is often a difficult choice, but once made, it is time to start planning.  If you are nervous about your financial future or the topic of alimony, do not worry; you are not alone.  Mediation allows parties to talk through their feelings and fears about alimony in a safe and confidential setting. 

Confidential discussions during mediation provide parties a productive opportunity to discuss alimony in a stress-free environment.  Guidance from the mediator helps to determine whether alimony is appropriate in the grand scheme of the divorce plan.  Planning budgets to project the income and expenses of the parties and other family members, if children are involved, is a useful exercise.  While divorce can be a financial hardship, the effects of the divorce are minimized by making and following budgets.   Alimony is a tool the parties can use to make a healthy financial plan. 

Parties using mediation decide the issue of alimony with self-determination.  This is often more satisfying than leaving it up to the lawyers or judges, who themselves are often perplexed and challenged to determine what is fair.  Alimony reform is adding even more uncertainty on the topic.    There are several suggested formulas or guidelines to explore.   The MBA/BBA guidelines, the Ginsburg formula, the Scandurra formula, and the 1/3 formula all provide frameworks for analyzing potential alimony amounts and duration. 

Some guidelines suggest durational limits on alimony in relation to the length of the marriage.   Sometimes courts leave duration open ended, perhaps rationalizing that either party may file a complaint for modification in the event of a change in material circumstance.   In mediation, the parties decide what is right for their unique situation.  The flexibility found in mediation is better suited to creating a plan that is agreeable to both parties. 

Alimony is a difficult topic, because no two cases are the same; every divorce is slightly different.   By exploring many different scenarios, mediation participants will have a better understanding of the options and the implications each formula provides.   Mediators are well suited to encourage the creativity of the parties themselves in formulating the divorce plan on an individual basis.  In mediation, the decision about alimony is yours to make.  With guidance, you will make the right choice, because it will be yours. 

Two thirds of help is to give courage. – Irish Proverb

Filed Under: Alimony in Massachusetts, Divorce Mediation, Massachusetts Divorce, Spousal Support in Massachusetts

Attorney Larri Parker

June 4, 2010 By

My success has largely been due to the fact that I greet each mediation without expectation and I hold myself to the highest ethical standards, conducting myself with humility, integrity and humor.  A non-threatening environment begins with a warm sincere smile.  While I inform my clients that I am neutral, it is by working together that they learn to trust me.  Perhaps more importantly, by collecting and sharing pertinent information, the parties learn to trust themselves as well as each other.  It is precisely this trust that allows folks to move the process forward to find common solutions.

My work includes getting familiar with my clients, their needs, goals, fears, and hopes.  I also learn about their issues and positions.  I respect both sides of a story and help my clients to not only listen, but to speak up.  I keep balance and level the playing field, remaining impartial while providing information and raising issues.  Working together, mediation participants strategize and plan for the future.   After all, it’s one thing to say,”I want a divorce!” and entirely another to figure out what’s next.

Respecting self-determination is one of the pillars of a successful mediation.   Parties never are required to agree or reach agreement.  Mediation is based upon voluntary participation, informed decision making and an unforced agreement of the parties.  The process is confidential throughout.    The parties use the mediation sessions to jointly consider proposed options and to uncover alternatives so all options are explored before final decisions are made.  As Yogi Berra said, “It’s not over until it’s over” or as I like to say “nothing is agreed until everything is agreed.”

Filed Under: Cape Cod divorce mediation, Divorce Mediation, Massachusetts Divorce, Massachusetts Mediators, Massachusetts Probate and Family Court, Worcester divorce lawyer, Worcester divorce mediation

Divorce at your own pace

May 15, 2010 By

While good timing isn’t everything, it does go a long way to making the divorce process a little bit easier.  Use mediation to stay in control of the divorce process.

Many traditional divorces include multiple court appearances.  Typically, parties obtain temporary orders before the case is marked for a pre-trial conference.  At various stages of the litigation, parties often are asked to make life altering decisions on the courthouse steps.  When one or both parties are in a heightened emotional state, those decisions may not be the best decisions the parties could make.

Mediation provides time for parties to make considered decisions.  People typically make better decisions  when emotions subside.  In addition, the parties can try out potential plans before committing to them completely.  The mediation process generally leads to agreements that won’t break down as easily as those made hastily under pressure in a traditional divorce proceeding.

Filed Under: Cape Cod divorce mediation, Massachusetts Divorce, Massachusetts Mediators, Worcester divorce mediation

Special Provisions for Cases Involving Children

May 1, 2010 By

Traditional litigation is embracing some of the core aspects and advantages of the mediation process.  The Probate and Family Court recently issued standing order 1-10 “Special Provisions for Cases Involving Children,” which becomes effective May 5, 2010.  The pilot project in Hampshire County provides for a child-focused procedural model to develop parenting plans.   It will encourage and facilitate non-adversarial parenting planning.  The child-focused model will provide opportunities for parents to obtain information about the adverse effects hostile litigation may have on children.  The process will explore and create a problem-solving atmosphere in which parents are encouraged to experiment with parenting plans and determine the best solutions for their children and the parents.

Filed Under: Divorcing in Massachusetts, Family Mediation, Massachusetts Divorce, Massachusetts Juvenile Court

Mediation For Your Divorce

April 3, 2010 By

You’ve decided to use mediation for your divorce.   Good choice.  Divorce mediation has become more and more popular, as folks discover the benefits of resolving disputes privately.  You’ll avoid useless litigiousness and delays caused by overburdened courts.  Traditional litigation is expensive, not only on your wallet, but on your quality of life.

Winning strategies can be used to enhance results for all family members.  Children want to remain close and connected to both parents, a harmonious state that is rarely achieved in conflicts where one or both parents engage the child in the conflict.  Mediation provides parents the ability to communicate directly, and create a parenting plan that suits the needs of the family.

Take for example, the impact a long drawn out court case can have on you and your children.  Too often, the litigation landscape sets up the parties for a win/lose situation.  Unfortunately the child always loses.   Mediation helps healthy families navigate conflict, minimizing the impact divorce has on kids.

By choosing mediation you can enjoy an efficient economic process to achieve your goals.  Life on the other side of your divorce will be better, because the journey does matter.

Filed Under: Cape Cod divorce lawyer, Divorce Mediation, Massachusetts Divorce, Massachusetts Mediators, Worcester divorce lawyer, Worcester divorce mediation, Worcester MA Mediator Tagged With: ,

Divorcing Couples Manage Debt

November 13, 2009 By

Divorcing couples have to make tough financial decisions, not only about how to divide assets, but how to allocate debt. Depreciating real estate values along with the current financial landscape, pose even greater challenges for folks who are separating, particularly when the marital home, once the base of financial security, becomes a liability. Rest assured you are not alone, many folks find themselves in the unfortunate situation of owing more on their home than it’s worth. For some, this is not a problem, but for divorcing couples who want to sell or refinance, it’s complicated. Money Management International hosts a website (www.moneymanagement.org) containing many ideas you can use to reduce spending and manage debt.

Money Management International, formerly Consumer Credit Counseling, is a non-profit organization that has been in business for many years. This service is free. They offer confidential budget, credit and housing counseling. Financial consultants work with you to consolidate and reduce your monthly debt. Their website and services are accessible in English and Spanish. Personal advisors can be reached by calling 1-888-845-5669. Beware of businesses that promise to reduce your debt or make settlement on your behalf that charge for their services. While some of these businesses are legitimate, many are not. It may be a good idea to check with the Better Business Bureau before you spend money on service providers that make promises that are too good to be true!

[Read more...]

Filed Under: Debt Relief, Divorcing in Massachusetts, Massachusetts Divorce Tagged With: , ,

Massachusetts Child Support Guidelines

July 15, 2009 By

New Massachusetts child support guidelines went into effect January 1, 2009. The changes to the child support guidelines are intended to simplify the support obligations of both parents. The rationale for the new guidelines was based upon societal changes that recognize the participation of both parents in their children’s lives. The guidelines are meant to benefit the children and families, particularly assisting as parents reorganize their relationships and finances.

The Massachusetts child support guidelines provide a calculated child support order based upon the income of both parents, and in consideration that both parents support their children. The calculated figure provides guidelines for cases establishing or modifying child support. There is a rebuttable presumption that the amount applies, but judges do retain the authority to exercise judicial discretion in making child support orders.

Several principles apply in determining child support in Massachusetts. The guidelines are designed to maintain the standard of living for the child, encourage joint parental responsibility for the children, recognize non-monetary contributions and involvement of both parents, and to ensure health care coverage for the children.

Parenting time is precious; children should enjoy the maximum parenting time possible with both parents. The new guidelines are based upon the children spending approximately 2/3 of the time with one parent (Recipient) and 1/3 of the time with the other parent (payor). When there is approximately equal parenting time the child support guidelines can be used twice to calculate whether there should be a child support order. This requires the guidelines to be calculated a second time reversing the roles of recipient and payor. Calculating the difference between the two figures yields the child support amount.

The guidelines are intended to consider reasonable child care costs and the costs for health insurance, including dental and vision insurance. The recipient is responsible for the first $250.00 of routine uninsured medical and dental expenses, and uninsured expenses above that amount are shared by the parties. Other child related expenses may by allocated to the parties on a case-by-case basis, including extra curricular activities, such as dance, sports or music lessons, private school tuition, summer camps, and post-secondary education.

The new Massachusetts child support guidelines recognize that circumstances may change and incorporates the authority to review the guidelines every three years, or sooner if there is a material change in circumstance. The new child support guidelines provide a presumptive application of the child support calculated using the new formula, but deviations from the guideline may be made by agreement of the parties approved by the court. For parents engaged in mediation, this means that you are in control of how you wish to support your children post divorce or separation.

The family and divorce mediators in the Worcester, MA office of Parker Mediation serve the Central Massachusetts and Boston metro-west communities such as Clinton, Framingham, Fitchburg, Leominster, Marlborough, Millbury, Shrewsbury, Sutton, Westborough and Worcester, Massachusetts.

Filed Under: Child Support, Divorce Mediation, Divorcing in Massachusetts, Family Mediation, Massachusetts Divorce Tagged With: , , , , ,

In Massachusetts Alimony is Spousal Support

July 10, 2009 By

Don’t be afraid of the “A” word, spousal support is a topic that must be considered in every divorce. When there is economic disparity in wages earned by each spouse, alimony is a tool to assist the financial restructuring of the family. Alimony is gender neutral, it is not punitive, and it is flexible. Alimony may be used for short term or long term arrangements and is dependent upon the needs of the recipient spouse and the financial ability of the payor spouse. Alimony often works in synergy with child support, so it is important to consult financial advisors to determine the tax consequences of an alimony order. This is also true in cases where no children are involved.

Alimony is discretionary, there is no simple formula to make a predictable determination of what a court might order. Under Massachusetts law the court shall consider: the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, the opportunity of each for future acquisition of capital assets and income, the nature and value of the property to be so assigned, the present and future needs of any dependent children of the marriage; and the court may also consider: the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit, in making an alimony order.

Your mediator will guide you through a critical analysis of the facts of your individual case. In mediation you remain in charge and you and your spouse will determine whether alimony is appropriate, what amount is fair and for how long alimony will continue. Breaking down the family finances and developing a plan to meet the future needs of the reorganized family will determine whether alimony is a tool that will help meet those future financial obligations.

The Worcester, MA divorce lawyers and family mediators at Parker Mediation serve the Central Massachusetts and Boston metro-west communities such as Clinton, Framingham, Fitchburg, Leominster, Marlborough, Millbury, Shrewsbury, Sutton, Westborough and Worcester, Massachusetts.

The Cape Cod divorce lawyer and family mediators at Parker Mediation serve the local communities of Barnstable, Chatham, Falmouth, Hyannis, Mashpee, Provincetown and the entire Cape and the Islands.

Filed Under: Alimony in Massachusetts, Divorce Mediation, Family Mediation, Massachusetts Divorce, Spousal Support in Massachusetts Tagged With: , , , ,
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