Divorce Planning

Hi there,

Every now and again I have the luxury of getting a colleague to guest post for me.  Today it is my partner, Robin Lynch Nardone.  With spring in the air (well maybe) and with socioeconomic trends making prenuptial agreements more necessary, her article is very timely.

Enjoy!

Guest post by Robin Lynch Nardone, Partner at Burns & Levinson LLP.
Ms. Nardone specializes in family law litigation and mediation. In her litigation practice she handles all aspects of divorce, custody disputes, paternity, post-divorce modification and enforcement of alimony, child support, and other judgments.  She has extensive experience in the negotiation and drafting of prenuptial agreements, cohabitation agreements, and divorce agreements. In addition to litigation, Ms. Nardone is a trained family law mediator. As a neutral mediator, she helps couples amicably resolve family law issues through informed negotiation.

As I look out over the six inches of new snow blanketing my lawn, I dream of summer sunshine, the smell of cut grass, back yard barbeques and summer weddings! If you are in the midst of planning your wedding, as you review your checklist of “to-do’s,” don’t forget that while this winter’s snow will melt … Keep reading

Hi there!

In almost every divorce case involving children the parents worry about how to tell the kids.  Here is a very good road map on the do’s and dont’s of informing your children about your pending divorce.

Not so critical, but also important, is just how to divide your personal property with your soon-to-be-ex.  Here is a good outline of the various methods you might chose to use if you cant agree.

And still in the news, I have to admit  I was nastily pleased to read the Texas Attorney General filed too late to stop a gay couple who married in Massachusetts from getting divorced in Texas.  What happened to full faith and credit?

Best,

Nancy… Keep reading

Hi there,

Since I am working on a list of a series of topics to consider when getting divorced, a couple of related posts have popped up that I wanted to share.

The first, from the New Hampshire Divorce blog has to do with how to present yourself in court.  Court is a new experience for most folks and I have found that it helps make it a little less overwhelming if I tell them what to wear, as well as what to expect.

I had a post prior to the holidays which had some good links regarding scheduling assistance for co-parents, and I have just found another one which may also be helpful.

Take care!

Best,

Nancy… Keep reading

Guest post by colleague, Ronald Barriere, Esq., Associate at Burns & Levinson LLP.  Mr. Barriere is a member of the Firm’s Divorce & Family, Private Client and Probate & Trust Litigation Groups. 

There has been plenty of press in recent months about the woeful economy’s impact on divorces, but one of the most interesting I’ve encountered was in Details magazine.

So called “nesting” arrangements are uncommon during the pendency of a divorce action. Parties who would otherwise move out and secure a rental property or – if their means allow – purchase a new property, will sometimes stay in the marital home out of concern for the children’s transition or for fear that they will forfeit their right to the marital home by leaving. However, what is less common is the situation where parties choose to remain under the same roof during the pendency of the divorce – or even after a divorce is finalized – solely due to market forces. The article suggests that these arrangements may become more common as the recession continues, and poses the unanswerable question: “How do I move on if s/he won’t move out?”

Beyond the obvious emotional considerations of such … Keep reading

Hi there,

I keep getting sidetracked from the 10 Steps In The Divorce Process by breaking news stories and I have to admit this one (Mel Gibson’s divorce) is a bit tacky!

Admittedly when Mel Gibson married he could have had no idea as to how phenomenally successful he was going to be. He also, given his very public religious convictions, probably did not anticipate a divorce, but still…

Most states, including Massachusetts, recognize the validity of prenuptial agreements.  Mr Gibson hails from Australia, so perhaps at the time he married it was not an option; but here and now if there are, or may be, considerable assets, a prenup is a good thing. Prenups are important to consider if you or your spouse is marrying for the second time and there are children of the first marriage; if there is an inheritance expected in the future; if one party or the other has an interest in a family business. Prenups cannot decide anything regarding children but pretty much everything else can be dealt with.

I do have a warning, or perhaps caution is a better word, prenups do require partners to talk about finances but the process can … Keep reading