Article

Solution to Getting a Divorce in a Recession

Written by Edward L. Amaral, Jr., Esq.

Topic: DivorcePublished December 11, 2011
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Divorces are a financial strain on your family because they divide you and your spouse’s cumulative assets (lawyer’s fees aside). In this economy, where assets are quickly turning into debts, it is critical to understand the financial consequences of a divorce and how to make the most out of its aftermath. A divorce divides one family unit into two separate units. When one spouse moves out, there will be one more mortgage or rental payment to make. Having 2 separate families also means twice the living expenses, including, but not limited to: health insurance, car payments, and all the children’s needs in the separate households. The first and most important step you can take to save money in a divorce is to consider divorce mediationto resolve your differences, rather than divorce litigation. Litigation usually requires extravagant retainers ranging from $5,000 to $15,000, on top of hours billed for gathering financial documents, your correspondences with the lawyer, discovery, motions, trial preparation, and trial. If you are not prepared to pay tens of thousands of dollars for a divorce, mediation can achieve a similar, if not better, result than a contested divorce, at a small fraction of the price. At OnlineDivorceMediation.Com, for example, the average fee is $999.00 per spouse. The cost covers 3 hours of mediation time and the preparation of the divorce filing. The mediators at OnlineDivorceMediation.com will cover all issues which would have also been contested in court. In a courtroom, spouses will typically use each other’s assets against the other as leverage for more alimony and/or child support. If your properties have decreased in value or are being foreclosed due to the recession, you will be fighting to divide the debt, rather than the equity. If this is the case, using mediation to work together and pay off the mortgages or loans might benefit both spouses in the long run. In the unstable economy, where your stocks, 401(k), savings, and assets are quickly eroding, litigation is actually a more unpredictable barometer of what you will receive from a judgment than mediation. Furthermore, the money used to fight for a more “equitable division” of assets can be used for your children instead. When you litigate, you are risking the possibility of an unfavorable judgment which will engender future motions and trials in attempting to circumvent the judgment. On the other hand, mediation is focused on a solution which will encompass future cooperation.

Article author

About the Author

Attorney Ed Amaral is a long time believe
in integrating state of the art technology into the antiquated legal profession…especially divorce mediation. He is the founder of OnlineDivorceMediation.Com and is the President of the family law firm, Amaral & Associates P.C. His practice primarily focuses on providing divorce, divorce mediation, probate, domestic and off-shore asset protection, asset searches, estate planning and personal injury services to individuals and family businesses. His divorce mediation practice is national and now online for his customers. For the last 19 years, he has negotiated, mediated and tried hundreds of cases on issues including divorce, divorce mediation, property, support, custody and parental rights, ante-nuptial and post-nuptial agreements, personal injury and complex financial matters in front of the Commonwealth Courts and has achieved favorable results for his clients. Amaral is also certified in Divorce Mediation. He is admitted to practice law in the State and Federal Courts of Massachusetts and the United States Supreme Court. He is a member of the Massachusetts Bar Association, Massachusetts Academy of Trial Attorneys, and the Beverly Hills Bar Association. Amaral currently has offices located at 63 Atlantic Avenue in the historic North End of Boston, on the Waterfront, and at 246 Revere Street, on the North shore, in Winthrop, Massachusetts.

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