Family legal issues are seldom easy to figure out. When you add the emotional trauma that often accompanies divorce and all that is involved, the lawyer you choose can make a big difference. We understand the importance of providing a supportive environment while you are going through these trying time. If you are considering separation, divorce, or divorce mediation, you can schedule a conference to know your rights.

At the Worcester, Massachusetts Law Offices of Donahue, Rauscher & McGrail, we understand the importance of providing a supportive environment while you are going through these trying times. If you are considering separation, divorce, or divorce mediation you can schedule a conference to know your rights. Sometimes having the correct information about the legal aspects of divorce and family law can be an enormous help. Common issues associated with family law are;

1. Divorce

2. Child Custody

3. Child Support

4. Property Rights

5. Support Obligations

6. Visitation Rights

7. Divorce Mediation

8. Modification

9. Contempt

We can help you select the most cost effective way to deal with your situation. We have a variety of strategies to choose from, such as:

• Counseling

• Litigation

• Mediation

• Settlement

It is the result that counts

During a divorce, we strongly advocate working together to achieve the best possible outcome through negotiation and settlement. However, if negotiation is not possible for our client to gain fair settlement, we are prepared to aggressively pursue matters through the court.

DIVORCE MEDIATION

Separation and divorce are amount the most painful disruptive events in a family.

Mediation is for couples who want to retain control over the decisions that affect their lives and don't' want their children to be caught in the middle. There are several reasons why parties should consider divorce mediation:

1. The parties retain control over the outcome of their case rather than leaving it to a judge to decide the result.

2. Mediation is a speedy process

3. Mediation is less expensive than a contested divorce hearing. It eliminates the cost of divorce trials, Temporary Orders, Pre-trial Conferences, and Status Conferences that tend to deplete family assets which could be better utilized elsewhere.

4. Mediation is private, confidential and conducted in an informal atmosphere. It give the parties a way to settle conflict between them. The mediator remains neutral between the parties try to facilitate a settlement.

5. Mediation allows the parties to process a divorce with less conflict than they would experience in an adversarial proceeding.

6. If there are children of the marriage, mediation reduces conflict and facilitates long term communication.

7. Due to the current Court's backup, mediation is the best way to proceed.

If the parties do not get along, if there are highly contested issues or issues of physical abuse, then mediation is not for you. However, if the parties are willing to discuss civilly various issues involved in a divorce, then in our experience at least 90% of the cases are settled peacefully.

PROCESS

a. The parties meet together with Attorney Donahue who is experienced both in trial of family law cases and in the mediation process. At the first meeting, the parties fill out an

information form and then meet with Attorney Donahue to discuss the various issues involved in the case and attempt a resolution. Attorney Donahue, being experiences in the trial of divorce cases is able to offer the parties his experience as to what a Judge might do on a given set of facts. Attorney Donahue will request certain documents; i.e. tax returns, retirement statements, insurance coverage, pay stubs, and financial statement for the second appointment. Appraisals may sometimes be necessary. The process itself should not require more than 4 or 5 meetings, absent unusual or complicating circumstances. Sometimes fewer meetings are necessary.

b. Once the parties have reached an agreement, the divorce papers including the Joint Petition, Affidavit of Breakdown, Custody Disclosure Statement, Rule 408 Statement, and most important the Separation Agreement are drafted for the review of the parties and in some cases, their attorneys.

c. Whenever there are minor children involved, the parties have to attend a parenting course before a case can go before the court. Each party must also complete in detail, a court approved

Financial Statement which is filed with the court.

d. Once all the papers have been filed, the parties receive a notice from the court indicating the date and time of their hearing and the judge assigned to that hearing.

e. The parties meet one final time with Attorney Donahue to review the Financial Statement also the procedure involved at the hearing on the uncontested divorce. Attorney Donahue then prepares a Summary of the Agreement to assist a judge and facilitate the hearing. The hearing itself takes approximately 5 to 10 minute. The divorce becomes final 120 days from the date of the hearing