Limited Assistance Representation

by alodolce on April 18, 2012

Limited Assistance Representation or commonly called LAR is where an attorney is retained for a limited task such as to review a divorce agreement, prepare a divorce agreement, prepare a pretrial memorandum or prepare a financial statement. It is not a process that is designed to replace the representation of a litigant to do the entire case. This avenue works well for people who do mediation, and require an attorney to review a divorce agreement and prepare the paperwork to process the case in the courts.

If you have a contested divorce action or a contested modification of a divorce after the Judgment of divorce enters, then LAR is not designed to replace an attorney or be an inexpensive replacement of legal representation. In any contested matter, full representation is preferable. But where most of the matter is resolved, such as after mediation, then LAR is an ideal way to complete the divorce process, especially with a limited budget.

If you choose to represent yourself, which is difficult to do well or even adequately, then the court will require you to be prepared and follow all of the same rules that an attorney would be required to follow. There is an old saying, a person who represents himself or herself, has a fool for a client. Having said that, if you do choose to represent yourself, it would make sense for you to retain an attorney to prepare some portions of your case, in which event LAR may be a possibility, albeit not the best possibility, but certainly better than your preparing the paperwork yourself inadequately and losing your case even if it is a case with merit.

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The Effect of Children on a Parent’s Remarriage

by alodolce on November 16, 2011

The remarriage of a parent can be a very traumatic event for a child depending upon the child’s age, maturity and his or her relationship with a parent who is remarrying. The wedding, even if the child is included in some way, is a major event. I have found that children under the ages of five, are often unable to process what is happening. Children between ages five and seven, sometimes blame themselves for the divorce, itself. In this age bracket, a child understands what is happening, is able to articulate a reaction, but does not understand why she or he cannot control events that are swirling around.

A wedding is the culmination of many events. It signals a formal ending of the possibility that the parents will reconcile. It is the apex of a series of pre-wedding activities in which the child may participate but his secondary to the process. The wedding symbolizes a realignment of roles between the child and the parent, and signals a formal entry of a step parent into that child’s life. That step parent is given recognition and authority by virtue of the marriage.

It is advisable for the child whatever the age, to meet with a mental health professional during the planning stages of the wedding, so as to give the child a platform in which to express feelings about the events that are about to transpire, about the new step parent and about how this new arrangement affects the parent child relationship. The therapist should be made available after the wedding as well, so as to smooth out the wrinkles of misunderstanding which can develop around such a momentous event. It is understandable for a parent to be very involved with the wedding. But it is also understandable for a child to be upset by the wedding and the festivities, both prior as well as after.

Even if the parties lived together prior to the remarriage, and even if the child lived with the parties who were living together prior to the remarriage, the new marriage signals a formal realignment of all of the relationships. The recognition of this arrangement even if it does not appear to be “new” is paramount to the child’s successful adjustment going forward. All of the participants should give pause to how the wedding, the pre-wedding activities as well as the post-wedding activities affect a child.  It goes without saying, that the goal is for the child to accept the new arrangement. In order for this acceptance to be wholehearted, preparation and attention is needed.

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What should a man wear to Court?

April 1, 2011

WHAT A MAN SHOULD WEAR TO COURT You will be appearing at a court for a matter that is of great importance to you.  It is, therefore, imperative that you wear appropriate clothing.  The preferable attire is a suit or a sports jacket and casual dress pants (not jeans). Your clothing should be similar to [...]

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What should a woman wear to Court?

March 18, 2011

  WHAT A WOMAN SHOULD WEAR TO COURT You will be appearing at a court for a matter that is of great importance to you.  It is, therefore, imperative that you wear appropriate clothing.  The preferable attire is a dress or suit or a skirt and a blouse. You should not wear pants.  Your clothing [...]

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How are household goods divided in a divorce?

February 11, 2011

DIVISION OF HOUSEHOLD GOODS One of the least favorite aspects of divorce for judges is the division of household goods.  Amongst themselves, lawyers and judges refer to such division as the division “pots and pans”.   As distasteful as this may be to the court, it still has to be done. Typically the courts do not [...]

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Judge Shopping

September 3, 2010

JUDGE SHOPPING In Massachusetts, a judge is assigned to hear a case such as a divorce or separation, according to when the case is docketed. When a case is filed with the Probate and Family Court, a docket number is assigned to each case as the case is filed at the courthouse. The cases are [...]

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What does a visitation schedule look like?

August 30, 2010

A SAMPLE VISITATION SCHEDULE Mid-Week: It is the intention of the parties that both parents will be integrally involved with the life of the child on a daily basis is possible.  However, the parties are cognizant of the realities of life, and have agreed that the Wife will move to the xxxxx area, but that [...]

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WHAT IS THE TRADITIONAL PROCESS FOR DIVORCE?

August 23, 2010

LITIGATION: THE TRADITIONAL PROCESS FOR DIVORCE   Litigation is a process where one or both parties (“litigants”) file a court complaint to give a judge the authority to resolve family disputes.  The Judge is either appointed by the Governor or an elected official who, after hearing each point of view, makes a decision.  If the hearing [...]

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Why is a truthful financial statement to your advantage?

August 13, 2010

THE ADVANTAGES OF A TRUTHFUL FINANCIAL STATEMENT The courts have a philosophy of open book discovery, which in short means that you need to fully disclose all of your finances and assets to the other side and to the court.  It is interesting that during the courtship phase of marriage, in a traditional relationship, the [...]

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How to Organize Your Divorce Related Documents

August 6, 2010

HOW TO ORGANIZE DIVORCE RELATED DOCUMENTS We recommend that you maintain a 3-ring notebook containing four sections in order to organize all of the documentation, which we will be forwarding to you during the course of these proceedings.  The first section, Pleadings, will contain motions and complaints.  The second section, Financial, should include financial statements [...]

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