October 2012

Shared custody options abound for divorcing fathers

When a marriage becomes unsalvageable, many Massachusetts fathers put off talk of divorce for as long as possible. Fears of losing time spent with their children lead many to remain in unhappy unions for far too long. For those who are considering divorce or are in the early stages of a split, it is important to know that divorce does not have to sever the relationship between father and child. A wide range of shared custody arrangements exist that can ensure a father remains an integral part of the lives of their children. While it can be argued that no child custody arrangement is truly 50/50, there are many variations of shared custody that can fairly divide time spent between households. The first step toward a successful shared custody arrangement is taking the time to work together with your spouse to iron out the details of the new breakdown of parenting time. In some circumstances, parents will reside close enough that their child or children can move easily between the two households. Other families may find that the children benefit from remaining with one parent throughout the week when school is in session, then segueing into more time with the other parent during summers and holidays. In addition to physical custody, parents can also divide the decision-making tasks associated with parenthood. Perhaps one parent is better equipped to handle educational decisions and college plans, while the other wishes to make all medical decisions and handle disciplinary matters. The most important

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Former Dodgers owner back in court in high net-worth divorce

When it comes to divorce settlements, many believe that once the ink is dry, there is little to nothing that can be done to alter the agreement. However, a very high-profile and high net-worth divorce is headed back to court a year after a settlement was reached, and may result in a different division of assets than formerly agreed upon. Many in Massachusetts followed the headline-grabbing divorce between Dodgers owner Frank McCourt and his wife Jamie McCourt. The couple reached an agreement in Oct. 2010. Jamie McCourt accepted $131 million in exchange for relinquishing her claim to co-ownership of the Dodgers. However, when her ex-husband sold the team in May 2012 for an estimated $2 billion, that agreement began to appear unbalanced. An attorney for Jamie McCourt points out that settlement was reached based on Frank McCourt’s estimate that the team would be worth no more than $300 million. That would put the division of assets somewhere in the ballpark of 93 percent for Frank McCourt, and 7 percent for Jamie McCourt. The most recent filing asserts that Frank McCourt committed fraud by misrepresenting the value of the team during the divorce process. However, even if he undervalued the Dodgers without any intent to defraud his wife, the divorce settlement could still be set aside and revisited. While altering an existing divorce agreement is uncommon and not easily accomplished, there are circumstances in which the original terms were reached using financial data that was substantially incorrect. As this case makes

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Tips to ease matters of property division in divorce

For many Massachusetts couples considering divorce, issues of property division are paramount. With the exception of child custody concerns, property division is usually the center of the majority of negotiations. As the time approaches to file for and work through a divorce, there are a few tips to keep in mind that can help to maximize one’s settlement in terms of property division. One piece of advice concerns budgeting. The time to work out a comprehensive household budget is before negotiations begin. Leave nothing unaccounted for, no matter how minor the expense may seem. Many spouses make the mistake of fighting to the bitter end to keep the family home, without understanding the actual cost of running and maintaining the property. In order to ensure a secure financial future, it is essential to understand the financial present. Another tip is to fully understand the state laws regarding marital property. Each state differs in their approach to the division of property, but each spouse should begin the process fully informed as to what is owned and by whom. This is especially important when it comes to assets that are less tangible than homes and cars, such as stock options and other forms of deferred compensation. Divorce can be an emotional time for spouses, even when the split is in the best interests of everyone involved. However, it is imperative that one makes reasonable, rational decisions when it comes to property division. The choices made now can affect both spouses for decades

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Fathers’ rights issue in “Housewives” custody case

The American judicial system has come a long way in recognizing the importance of fathers in the lives of their children. Many states have laws that recognize that mothers are not always the better parent simply due to gender, and that they should not have an automatic advantage in child custody cases. However, there is still a lag between the increasingly involved roles that many American fathers play in the lives of their children and the manner in which the courts, including those in Massachusetts, award custody and visitation. A recent celebrity case exemplifies the uphill battle that men still face in regard to fathers’ rights. In the bitter divorce between ‘Real Housewives of Beverly Hills’ star Adrienne Maloof and husband Paul Nassif, child custody has become a contentious issue. A judge recently ruled that Nassif’s access to his children be restricted to supervised visitation. This decision is the result of a temporary restraining order that Maloof obtained against her estranged husband, claiming that he is abusive toward their three sons. It is reported that the Department of Children and Family Services determined that there was no abuse. When the safety and welfare of children are concerned, courts in Massachusetts and elsewhere err on the side of caution, and rightfully so. In this case, Maloof has also stated that her husband carries a gun in his briefcase, leading the judge to order that the weapon be turned over to authorities. In the end, no one except the two halves of

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