Don't Underestimate the Importance of Temporary Orders

If you are thinking about hiring an attorney in your divorce or custody case, it is important to do so as soon as possible. The sooner you hire an attorney, the sooner you have somebody fighting for your interests in the case.

Often times the party bringing the case files a motion for temporary orders - such as a temporary alimony or custody order, which will stay in place until the case is decided. These temporary orders can have a real impact on the eventual award of custody or alimony. They can also impact settlement negotiations, since the party in which the temporary order favors tends to bargain from a position of some strength.

It is important to give your attorney as much time as possible to prepare for a hearing on the motion for temporary orders. Your attorney will want time to investigate the issues, file an opposition, file your own motion for temporary orders and prepare the argument for the hearing.

A hearing on a motion for temporary orders should not be something to take lightly. If you are facing this issue, and considering hiring an attorney, you should give your attorney as much time to prepare as possible.

If you are a Massachusetts resident, you can contact me through my website or email me.

Law Office of Kara Fratto P.O. Box 205 Reading, Massachusetts 01867

Tel.: (781) 205-4234 Fax.: (781) 205-4840

Determining the Division of Marital Assets in a Divorce

In determining an appropriate division of marital assets in a divorce, Massachusetts Courts consider the following factors. Your attorney will need to discuss these with you.

1. Length of marriage.
2. Conduct of the parties during the marriage.
3. Age of the parties.
4. Health of the parties.
5. Station of the parties.
6. Occupation of the parties.
7. Amount and sources of income.
8. Vocational skills.
9. Employability.
10. Estate (assets) of the parties.
11. Liabilities of each of the parties.
12. Needs of each party.
13. Opportunity of each party for future acquisition of capital assets.
14. Opportunity of each party for future acquisition of income.
15. Contribution of each party in the acquisition, preservation or appreciation in value of their respective estates.
16. Contribution of each party as homemaker.
17. Needs of the children.

If you are a Massachusetts resident, you can contact me through my website or email me.

Law Office of Kara Fratto P.O. Box 205 Reading, Massachusetts 01867

Tel.: (781) 205-4234 Fax.: (781) 205-4840

Why you should have an estate plan

Everyone should have a will. If you die without a will, then the law and courts of your state determines what happens to your assets and your minor children. So unless you have an inordinate amount of faith that the state legislature and the courts will do what you want, you need a written will to make your wishes known.

Documents just as important to have are a Health Care Proxy and a Power of Attorney.

A Health Care Proxy allows you to appoint a specific person to be your agent to medical decisions for you in the event that you become incapacitated and cannot make decisions. Health care proxies have become increasingly important today due to conflicts among relatives of the primary individual. In your proxy, you can specify what you want your agent to do should something happen to you (i.e. do not resuscitate, no life support etc).

A Durable Power of Attorney is a document that allows you to give another person (called your agent or attorney-in-fact) the ability to make financial and legal decisions on your behalf should you become incapacitated. Unless you have a valid power of attorney, the Probate Court needs to appoint a guardian or conservator to make decisions for you while you are incapacitated. The process is expensive and time-consuming and the court could appoint a total stranger to oversee your affairs. The proceedings can be contested and would be open to the public.

My fee for an estate plan (which includes a will, a health care proxy and a durable power of attorney) is $250.00. If you are a Massachusetts resident, you can contact me through my website or email me.

Law Office of Kara Fratto P.O. Box 205 Reading, Massachusetts 01867

Tel.: (781) 205-4234 Fax.: (781) 205-4840

Is mediation the right path for your divorce case?

Mediation is an informal process in which a neutral third party assists disputing parties in reaching a settlement. A successful mediation should result in a written settlement agreement that is enforceable as a contract.

A significant challenge for mediators is to help disputants figure out what they are really fighting about in order to develop resolutions based. These days mediation is becoming more popular in divorce cases. Since mediation is voluntary, participants are more willing to comply with the terms of their mediated settlement terms than with a judgment imposed upon them by the courts.

In deciding whether mediation right for your case, consider the following questions:
1. Are you and your spouse able to talk and listen to one another?
2. Are you and your spouse willing to completely disclosure your finances to your each other as well as to the mediator?
3. Are you and your spouse willing and able to trust that the other party made such a disclosure?
4. Are you and your spouse ready and able to make choices and decisions about his or her future?

Beginning the Divorce Process

A divorce is started in court when a complaint is filed. The complaint needs to state the grounds for the divorce, but the most common grounds are either irretrievable breakdown of the marriage (either contested or uncontested) and cruel and abusive treatment. There are additional grounds for divorce and your attorney should discuss these with you because the grounds used for divorce can affect how long the divorce process will take. After the Complaint is filed, the Court issues a Summons. You and your attorney will need to deliver the Summons to your spouse with a copy of the Complaint. Attorneys will usually use a process server to deliver (also referred to as serve) the summons and complaint. However, if your spouse already filed a Complaint, then you and your attorney need to prepare and file an Answer. You may also file a Counterclaim that asks for a divorce. If you have already been served with a Complaint for divorce it is best to seek advice from an attorney right away to discuss your rights and options. By waiting to speak with an attorney, the more you are at risk of waiving your rights in the proceedings because of the time sensitivity of the Court rules. 

Attorney Profile

Attorney Kara M. Fratto
Serving Massachusetts

Phone: (781) 205-4234
Fax: (781) 205-4840
Email: kfratto@kfrattolaw.com

Bar Admissions: Massachusetts, 2006

Education:
Suffolk University Law School, Boston, Massachusetts, 2006, J.D.
Suffolk University, Boston, MA, 2004, M.S. in Political Science
Salem State College, Salem, MA, 2002, B.S. in Political Science

Certifications:
LexisNexis and Westlaw
Committee for Public Counsel Services Children and Family Law Trial Panel
Committee for Public Counsel Services Bar Advocate Trial Panel Program

Publications:
Taxation of Professional Athletes in both the United States and
Canada. 14 Sports Lawyers Journal 29 (Spring 2007)
Interview with Professor Marshall S. Shapo, author of
Compensation for Victims of Terrorism. Volume 17, No. 1 Bimonthly
Review of Law Books 5 (January/February 2006)





Attorney Fratto can meet with you at your home or
office so you do not need to travel to the office.

Contact Attorney Fratto by phone or e-mail to
schedule a free consultation.

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Welcome

Kara Fratto is the youngest of four children in the Fratto family. Kara's parents raised a family of four children with hard work and family values. In 2008, Kara turned a period of unemployment into a business opportunity by starting a solo law practice. Kara went on to Salem State College where she earned a Bachelors Degree in Political Science with a Criminal Justice concentration. Kara graduated with magna cum laude honors. At the 2001 Academic Convocation; the college recognized Kara as having the top grade point average in the political science program. On September 12, 2001, Kara began an internship for former Massachusetts State Senator Richard Tisei. This internship reinforced Kara’s view of the importance of listening to and responding to the needs of its constituents. After graduating from Salem State College, Kara went on to Suffolk University where she earned a Masters Degree in Political Science. In 2003, Kara interned in Washington, D.C. with former Representative Charlie Bass from New Hampshire. In the fall of 2003, after returning from Washington, D.C., Kara completed the requirements for the Masters Degree while beginning her first semester in the evening program at Suffolk University Law School and working full-time. During her second year of law school, Kara worked to restart the school’s Sports and Entertainment Law Association. As the Association’s president, Kara led the revitalization effort by making a previously defunct organization vibrant and recognizable in the school. Kara was also a member of the Suffolk University Law School’s Student Bar Association. In May 2006, Kara graduated from law school, with honors, in the top 9% of her class. She published the paper “Taxation of the Professional Athlete in the United States & Canada” in the Spring 2007 volume of the Sports Lawyers Journal, which is published by Tulane Law School. After passing the Massachusetts bar exam, Kara worked as a Judicial Law Clerk in the Juvenile Court, where she assisted multiple judges in their research and decision-making. Now a solo practitioner, Kara works as an advocate for her clients including children. Everyday, Kara sees the importance of listening to the people she represents. Kara is an advocate for her clients and knows that she cannot properly represent her clients without listening to them. Contact Attorney Fratto by phone or e-mail to schedule a free consultation. Kara Fratto, Divorce Attorney, Family Attorney, Family Law, Family Lawyer, Find a Lawyer, General Attorney, child support, criminal law, attorney search, divorce, divorce lawyer, landlord and tenant laws, landlord and tenant, lawyer personal injury, personal injury attorneys, personal injury lawyers, personal injury law, personal injuries lawyer, business law, small business, attorney search, find attorney, litigation lawyer, laws on child custody, child custody lawyers, child custody attorneys, massachusetts real estate attorney, real estate attorney, real estate laws, attorney estate, estate planning, estate planning attorneys, wills, will and testament, living will, will testament, last will & testament, injury lawyer, defense attorney, criminal attorney, dui defense attorney