Showing posts with label Division of Asset. Show all posts
Showing posts with label Division of Asset. Show all posts

Sunday, May 1, 2011

What to Expect when First Meeting with Your Divorce Attorney

In a divorce case there are four potential areas of controversy:

1. Custody, visitation and child support, when children under eighteen years of age are involved;
2. Distribution of Property and Debt;
3. Spousal support; and
4. Grounds for the divorce, which may affect the results in any of the first three areas.

Often times, husbands and wives can resolve these issues without expensive and messy divorce proceedings. In some cases the parties can resolve some of the issues in their case with agreements and end up litigating the remaining issues. When this is the case, it is less stressful and financially advantageous for the parties and their children.

It is usually quite uncomfortable for a client to begin discussions of the divorce proceedings with their attorney, especially if the client is the reluctant party in the divorce. However, it is important and necessary to disclose and discuss personal and intimate matters with your attorney in order for the attorney to be able to represent your interests.

One great thing about consulting with your attorney is that the communications are privileged. This means that your attorney cannot disclose anything you tell them to anybody else without your permission. This allows you to discuss your case openly and freely with your attorney without the worry that people will find out what you said. There are limitations on the attorney/client privilege that you need to discuss with your attorney.

When clients consult with an attorney for the first time, they often want the attorney to predict the outcome of the case. Unless the case is a simple case, such as a short marriage with little property or debt and no children, it is very difficult to predict the outcome of a case in advance. Rather than predicting the outcome of the case, your prospective attorney should let you know all of the possible outcomes of your case.

There are no magic formulas to determine the outcome of your case because each case is subjective and decided on its own facts by the judge. In simpler cases the attorney can evaluate the case after your first consultation, while more complex cases that usually involve disputed facts, multiple sources of property and/or business valuations, particularly those involving disputed facts and multiple sources of property, may require further investigation and research by the client and/or the attorney and research before the evaluation.

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
 

Monday, April 25, 2011

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
 

Friday, April 22, 2011

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