My wife and I have been married for 19 years and have 2 kids. We live in the Boston metrowest area and are going to get divorced.  She is after my future inheritance from my mother who lives overseas.  I am the sole beneficiary but nobody knows how much the inheritance will actually be.  Will she have rights to the inheritance?  Also, my mother wants to transfer ownership of an apartment to me so she won’t have to pay tax on the profit of the sale.  I would then leave the apartment to my kids upon my passing. Can my wife go after this property ?

ANSWER:

You may want to consider divorce mediation to deal with the issue of inherited assets. Factors to be considered are whether your wife has the possibility of an inheritance in the future or if she had received an inheritance during your marriage that may have been used by you both. The answers to these questions could help the two of you decide together and come to an agreement as to the inheritance you may receive from your mother.  If it is agreed upon that she might be entitled to some part of the inheritance, a percentage could be agreed upon based on what you actually receive.  Also, you might discuss the idea of taking some of the inheritance to be used for college education of your children.  The use of divorce mediation can provide many options and ideas that can be used to address this type of issue. 

Greater Boston Metrowest Divorce Mediator Attorney Tracy Fischer provides divorce mediation services and helps divorcing couples figure out important matters related to their children and division of property.  She works with families and individuals in the Greater Boston Metrowest area including the communities of: Natick, Framingham, Watertown, Newton, Wellesley, Weston, Wayland, Westwood, Needham, and Dedham.

My wife recently filed for divorce. We had been separated for about a year beforehand. About 2 weeks before she filed I was unable to reach her or my 2 children.  I used to call the kids every 2-3 days and visit at our home in Dover every 2 weeks or so.  I still haven’t been able to reach the kids or my wife, apart from a single text saying she filed. I haven’t seen or talked to my kids now for over a month. Do I have any options to see them or do I have to file for visitation? Thanks.

ANSWER:

You may want to consider talking to your wide about divorce mediation.  If you had been able to work out financial and child related matters for over a year, it seems that something must have happened to cause your wife to start to handle things differently.  Even though she has filed, it doesn’t meant that mediation would not be appropriate – whether or not she has an attorney.  You could consider emailing her about the option of mediation and some names of potential mediators.  You could explain that it would be better for your children in the long run if you could work out a parenting schedule together that would meet both the needs of the children and the parents.  Generally, the cost of mediation is less than an adversarial divorce process and is intended to reduce the conflict between parents at the time of divorce and after. 

Dover Divorce Mediator Attorney Tracy Fischer provides divorce mediation services and helps divorcing couples figure out important matters related to their children and financial matters.  She works with families and individuals in Dover Massachusetts and the surrounding communities including Wellesley, Natick, Sherborn, Medfield, Westwood, Dedham and Needham.

I have a separation agreement that was signed in July 2011 by both parties. We didn’t have a hearing yet, and the agreement didn’t go through the court. I want to update it based on the new alimony law. The other party wants to keep it as is. The other party’s lawyer is threatening to file a motion to have me “advance funds toward any additional fees to seek compliance with the agreement.” What are my rights?

ANSWER:

This may start to become a more frequent issue.  The signed agreement is considered to be a contract that may be enforceable, but without being approved by  a Probate Court Judge as part of a Divorce Judgment, it will not be enforced by the Probate Court.  A Probate Court Judge would have to make a finding that your agreement is fair and reasonable under the current laws.  If this agreement would no longer pass that test according to a Probate Court Judge, then the agreement would not be approved.  You might want to consider divorce mediation for this particular issue.  Clearly there were reasons why the agreement was signed, but was not presented to the court in a divorce hearing.  The answer here of what will happen to this agreement is not clear cut either way and mediation would allow the two of you to deal with just this particular issue.  The legal fees may be quite high to address this one issue.  You could discuss it in mediation and still feel that the balance of the agreement will be kept intact which coming to a mutually agreeable solution in light of the changes in the law and the fact that the agreement had not yet been made a court order. 

Greater Boston Divorce Mediator Tracy Fischer provides mediation services for divorcing couples.  Attorney Fischer works with families and individuals in the Greater Boston area including Westwood and the nearby towns of: Sherborn, Natick, Dover, Dedham, Needham, Norwood and Medfield.

My ex and I have been divorced for 4 years.  He wants to be there for the kids without regard to our schedule. He unexpectedly showed up at Brookline High last week to cheer on our daughter and her basketball team, and as I wasn’t expecting him it caused a lot of tension which certainly isn’t good for the kids.  Will a mediator be able to help us fine tune our divorce agreement and can our teenage children be part of the process?

ANSWER: 

Mediation can certainly be used to work on issues that arise with parenting plans as the children grow and as your schedules change.  In general, it is important that parents be encouraged to be involved in their children’s activities that are open to the public such as games and exhibitions, regardless of parenting schedule.  This may have been an issue because of the “surprise” factor and that can absolutely be addressed in mediation.  It is possible to involve teenage children in mediation that involves them- it is up to the parents to agree on how that will be accomplished.  Some ideas would be for the mediator to meet with the teenage child separately, or for the child to write a letter about their feelings on the matter. It may also be appropriate for  a child to meet with a therapist to help formulate their needs and concerns.  It is important that one parent not be alienated. 

Brookline Divorce Mediator Attorney Tracy Fischer provides divorce mediation services and helps divorcing couples figure out important matters related to their children and financial matters.  She works with families and individuals in Brookline Massachusetts and the surrounding communities including Watertown, Newton, Wellesley, Needham, and Dedham.

We have been divorced since 2008 with shared custody.  My ex-husband was supposed to see our son every other weekend and he saw him the first few times then hasn’t seen him since. I just found out he moved to the west coast (we live in Newton, MA).  Since he moved and hasn’t seen our son for 2 1/2 years, I’d like to get a modification seeking sole legal custody. Is this something that can get worked out in mediation if he lives so far away?

ANSWER:

While it is certainly important that you know where your son’s father lives it is also extremely important that there is some ongoing communication between the two of you.  Although I don’t know the age of your child, it must be very upsetting and traumatic to your son to have gone so long without seeing (or hearing I assume) from his father.  Mediation can be used with technology like skyping, so it is possible to use mediation in long distance situations.  I would suggest that if the two of you can open some lines of communication – it would be far better for your son in the long run. 

Newton Divorce Mediator Tracy Fischer provides mediation services to divorced couples seeking a divorce modification.  Attorney Fischer works with families and their children  in Newton Massachusetts and the surrounding towns including: including Waltham, Watertown, Brookline, Needham, Wellesley, and Wayland.

Greater Boston Divorce Attorney Mediator Tracy Fischer provides mediation services and helps divorcing couples figure out important matters related to their children and financial matters.  Mediator Tracy Fischer works with families and individuals in the Greater Boston area including the towns and cities including: Lincoln, Waltham, Newton, Wellesley, Weston, Wayland and Sudbury.

I’m paying alimony but my ex wife has had her boyfriend living with her in Danvers  for a year now.  How do I prove they are a common household?

ANSWER:

I am assuming that you are inquiring how to modify or stop your alimony payments to your ex-wife given the the new alimony statute.  The new amendments say that general term alimony may be suspended, reduced or terminated if a showing is made that the recipient has maintained a common household with another for at least 3 months. Some of the factors to look at may be statements, economic interdependence, community reputation etc.  You should review your divorce agreement. There may be a clause requiring mediation or other alternate dispute resolution methods to be used in seeking modifications of your agreement before filing with the court.  If your alimony was permanent it can not be modified.  It is likely that you and your ex-spouse would be able to mutually come to an amicable agreement in a  mediation setting without needing to “prove” these factors.  Mediation of this post divorce modification may be far less costly. 

Danvers Divorce Mediator Tracy Fischer provides mediation services to families and individuals in the Greater Boston area including Danvers, Topsfield, Wenham, Beverly, Peabody, Northfield, North Reading, and Middleton, Massachusetts.

I just found out my husband has been cheating on me.  He denies it but I am certain of it.  How hard is it to get a divorce in MA due to adultery?

ANSWER:

Adultery is often a symptom of a marriage that may not have been working to begin with.  Although it may feel that this situation is not of your doing and not by your choice, the end result may be a better one for all involved now that you are aware of the true situation.  You may want to consult with an attorney and you also may want to consider divorce mediation.  In mediation the divorce would be based on an irretrievable breakdown of the marriage. In mediation, you will have the opportunity to discuss with your spouse the hurt feelings, mistrust and anger that has occurred.  The ability to have a safe forum to air some of these feelings allows people to more easily come to agreements, rather than turn to vindictive actions and attempts to make the other pay, emotionally and financially. Mediation is not the answer for everyone, but it can attempt to address a very difficult situation. 

Greater Boston Divorce Mediator Tracy Fischer provides mediation services for divorcing couples.  Attorney Fischer works with families and individuals in the Greater Boston area including Westwood and the nearby towns of: Sherborn, Natick, Dover, Dedham, Needham, Norwood and Medfield.

My wife and I are getting a divorce.  Her lawyer sent me the proposed Divorce Agreement. How long do I have to respond?  Is there any limit of days?  What can I do if I do not agree to this proposal?

ANSWER:

You may want to consider using divorce mediation  to come to agreements on the area of the proposal that you don’t agree with.  The mediator is a neutral independent professional who would not be representing you or your wife.  Your wife may still use her attorney during the mediation process but it would be the two of you, with the help of a neutral independent third party, who would discuss, gather further information and create various possible options.  The two of you would fairly and equitably work out the details of the divorce agreement so that you both felt that it was fair and reasonable given the circumstances. Mediators have various professional backgrounds and different levels of experience. 

Greater Boston Divorce Lawyer Tracy Fischer provides mediation services to divorcing couples in the Greater Boston communities including: Wellesley, Newton, Brookline, Dedham, Westwood, Dover, Sherborn, and Natick.

My husband and I would like to get divorced.  We live in the expensive Greater Boston area.  What do I do if I cannot afford an attorney?

ANSWER:

Area lawyers charge a variety of fees. Retainers are required when the attorney feels the divorce will clearly involve court hearings. If you feel your divorce will be amicable, you may find an attorney who would be willing to work with you and not charge a retainer.  You may also want to consider mediation if you feel that you and your spouse can sit together in a room with a neutral third party to come to agreements on the issues involving children, support, division of assets and debts.  Often there is no retainer needed and the parties can share the hourly fee of the mediator. The time involved may also be less, as there is no need for court appearances. 

Greater Boston Divorce Attorney Mediator Tracy Fischer provides divorce mediation services in the Greater Boston area including Weston, Waltham, Watertown, Brookline, Newton, Needham, and Natick.