Anthony C. Adamopoulos' Divorce Mediation & Divorce Resolutions Services

In Collaborative Divorce, you, your spouse, and other Collaborative Team members have one goal, the efficient, confidential resolution of all issues without trial, arbitration or the threat of either. The Collaborative Team includes Facilitator and Financial coaches who make the process efficient and usually less expensive. The Facilitator coach expedites the process by helping parties overcome inter-personal roadblocks. The Financial Neutral analyzes your unique family needs, identifies relevant tax law and creates realistic plans to preserve family income and property. Collaborative attorneys are specially trained and certified. (Be sure to ask specifically if a lawyer you are interviewing is trained and certified.) Should one party decide to convert to adversarial divorce, both attorneys must withdraw and certain information gathered in collaboration cannot be used in the adversarial process. Collaborative Divorce is totally confidential. Give me a call to discuss in detail.

May be. Imputed income is unreported income a judge assigns to your spouse. This happens when you show at least one of two types of evidence. In the 1st type, the evidence shows your spouse is spending way above his or her means. For example, your spouse is leasing a Ferrari at a monthly cost of more than half of monthly income. In the 2nd type, your spouse receives reimbursement or employer payments not reported in the Financial Statement, for example per diem or cell phone payments. If your evidence is accepted, an amount representing the unreported amount may be imputed, or assigned, to your spouse. However, in litigation you have to consider the consequences of showing unreported taxable income because the judge is obligated to report the matter to the IRS. If you filed joint returns an IRS audit may hurt you in an unexpected way. In Collaborative Divorce or Mediation,everything is confidential and parties can negotiate an agreement as to all money being earned. Give me a call.

No. Alimony is based on: the need of the recipient, the payor’s ability to pay the need and a cap on the amount to be paid. To determine need, the judge must consider: marriage length; age and health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity as a result of the marriage; and other factors considered relevant and material. For the payor’s ability to pay, the judge considers the above factors to see if the payor has money left over after providing for the payor’s need. If there is money left over, the judge will generally award alimony to be the lesser of the recipient's need or 30 to 35 per cent of the difference between the parties' gross incomes. Give me a call to discuss your details.

Good work on making the decision. There are only two real ways to go, Mediation or Collaborative Divorce. Don’t spend big money or expend energy and tears going the old divorce route with lawyers that are not certified to travel the smart, less expensive roads to divorce resolution. Where there are children under 23, there are three major issues in all divorces– taking care of the children, taking care of support and dividing the property. Mediation is the way to go if your combined income is around $100,000.00 or less and there is no real disagreement over the children, support and property. Collaborative Divorce is the sensible route where combined income is over $100,000.00 and there are real issues such as disputes over where the kids will live or how much self-employment income there is? Give me a call to discuss the best way for the two of you to move forward.

While going through your divorce, feelings of sadness, anger, or fear are common. You may stay up at night thinking “This can’t be happening” or “How am I going to manage this?” The Collaborative Divorce Neutral (coach) Facilitator is trained to help you through your divorce. The Neutral will meet with each of you individually to get to know you, to set up your goals for the process, and to learn what issues might be particularly hard for you. A neutral can work with you on a parenting plan or help you navigate the challenge of guiding your child through this tough time. A Neutral is an emotional support who will be with you “every step of the way”. The Neutral, at all meetings, helps maintain a respectful atmosphere, is a time keeper, and monitors the emotional temperature. In other types of divorce, these services are usually attempted by the litigation attorney or mediator. In Collaborative Divorce, the Neutral is specifically trained and usually billing at a lower hourly rate.

First, determine marriage length. Length begins from the date of marriage. However, the judge (or arbitrator) may increase it if there is evidence that the parties' economic marital partnership began prior to the marriage. If there is, an extension of length is discretionary. Marriage length ends upon notice of divorce. Once length is determined, the duration is set. For a marriage over 20 years, alimony may go indefinitely. 1. for 5 years or less, … not longer than one-half the number of months of the marriage. 2. for 10 years or less, but more than 5 years… not longer than 60 per cent of the number of months of the marriage. 3. for 15 years or less, but more than 10 years, …not longer than 70 per cent of the number of months of the marriage. 4. for 20 years or less, but more than 15 years, …not longer than 80 per cent of the number of months of the marriage. Duration categories are presumptive, the judge (or arbitrator) may deviate from them. Call for more information.

Generally, alimony will not be granted where total family income does not exceed $250,000.00. Over this amount the judge first determines if there is a need for alimony. To do this, the judge considers the income of each party. The person receiving child support includes it in their income. The person paying support deducts it from their income. The judge then determines the reasonable need of each party and if each party’s income covers need. If income does not cover need, the judge will try to divide the total income so that each party can meet their respective need. When there is not enough money to meet respective need, the judge will have the parties share the deficit. The judge will consider certain guidelines in doing this. As to waiting until the rents start, the judge usually only considers income that exists at the time of the trial. Read: https://www.divorcingoptions.com/Blog/my-advice-for-divorce-month-2/ Call to discuss your situation.

The time it takes to get “through” the Mediation Process initially depends on whether or not each party returns a properly completed Probate and Family Court Financial Statement. The Mediator needs a correct Financial Statement for many reasons. An insufficient Statement causes delay and increased cost. At the outset, the Mediator will provide clients with the form and instructions. For full answer go to https://www.divorcingoptions.com/Blog/

I suggest you read my recent blog covering a similar question. Go to: https://www.divorcingoptions.com/Blog/ If you insist on mediation, have an attorney with you throughout the process. Your attorney will do the “due diligence” to be sure your spouse reveals all assets. A less expensive tactic, again if you insist on mediation, is to use a Divorce Financial Neutral. These neutrals are trained to find the assets of each party. The neutral’s report of assets, or questions raised, will be used by the mediator to help resolve property issues. As a mediator myself, I have found that clients with these issues may better, and more efficiently, be served by the Collaborative Divorce process. It also uses Financial Neutrals and your Collaborative Attorney will be dedicated to resolving your divorce rather than proving to a judge that your spouse is hiding assets. Good luck and call with any questions. Anthony

It may well be. What can be said for sure is that Collaborative Divorce is more efficient and cost effective than court resolution. And, it meets emotional and economic needs in a way that mediation cannot. Collaborative attorneys have one objective, settlement. This is not the case with court resolution. Attorneys of mediation clients usually do not attend settlement negotiations. Collaborative attorneys work under a schedule geared to speedy settlement. Court cases react to court-imposed schedules which may not reflect client needs. Mediators often have one client wait while the needs of the other client are being addressed. Collaborative attorneys serve at their client’s side and speak on their behalf. In mediation, attorneys are usually not present, leaving clients to negotiate and speak for themselves. Collaborative trained “neutrals” resolve economic or emotional problems, usually on lower fee schedules. Mediators do not routinely use neutrals. Give me a call to discuss.

A deadlock results from an uncompromising refusal, by at least one party, to move from a position. Deadlock Arbitration is the smart way out of negotiation deadlock without an in- court trial. Consider the following scenario to understand how Deadlock Arbitrations can help resolve the “last” issue. Over a long period of negotiation, the divorcing parties have produced agreement on everything but one issue. That one issue prevents a resolution. The parties are deadlocked. In Deadlock Arbitration the parties “handpick” their arbitrator to resolve their deadlock. Their arbitrator “hears” both parties in a hearing format designed by the parties (with the help of their respective attorneys or their mediator). After the hearing, and within the time agreed upon, the arbitrator decides the once deadlocked issue and the divorcing parties move on.

No. We are an equitable division state, this means the judge, following certain parameters, will decide what a fair division is. For more information go to my web page at: https://www.divorcingoptions.com/Blog/no-law-requires-divorcing-couples-to-divide-assets-50-50/