Mediation & Other Practice Areas
Experienced Attorneys in a Wide Array of Legal Matters
In addition to advising clients on issues pertaining to divorce, support, and custody, our attorneys also have expertise in a variety of other practice areas. If you are looking to participate in mediation, set up an estate plan, or need guidance on other family law related issues, contact our office today for a free initial consultation!
Other Legal Services We Provide
Mediation
PRENUPTIAL & POSTNUPTIAL
ABUSE PREVENTION ORDERS AND HARASSMENT ORDERS
ESTATE PLANNING
Mediation
We believe that it is very important for couples who are facing the challenges of any family law matter, whether, divorce, paternity, contempt or modifications actions, are given the opportunity to work in a collative way with the assistance of an experienced mediator to resolve disputes, rather than just view litigation as the only path.
Often, it may be that the parties wish to avoid the financial and emotional expense of litigation. Other times, parties feel that it is important to them that they compromise their differences and while their agreement may well be imperfect, they believe that it is better to craft their own resolution rather than live with a court-imposed decision.
At our law firm, we firmly believe that offering this alternative to litigation provides our clients with a variety of problem-solving paths, which all clients deserve. Both Attorney Jessica MacAdie and Attorney Kathleen Foley have been certified as a family law mediator, and have helped many clients to resolve their disputes without litigation, by providing a variety of pathways to solve their disagreements.
Often, it may be that the parties wish to avoid the financial and emotional expense of litigation. Other times, parties feel that it is important to them that they compromise their differences and while their agreement may well be imperfect, they believe that it is better to craft their own resolution rather than live with a court-imposed decision.
All of our attorneys regularly work on cases where a mediator is involved. We provide independent legal counseling to one party to an action, while they are working with a third-party mediator. While our partners practice mediation, we are also involved in the actual mediation if, it is deemed to be helpful.
As the role of a mediator is not to give legal advice, but rather, to aid the parties to reach an agreement. At times the agreement developed in mediation, that all involved worked so hard on, can be rejected by the Court upon filing as it did not meet certain legal standards. That is why it is very important that any person going through a mediation also has independent counsel to consult with, so that they are informed of their legal rights and our attorneys are able to point out legal flaws within any agreement reached, that may otherwise have gone unnoticed until being rejected by the Court.
Simply, the mediation forum can provide a more emotionally satisfying path to a fair and equitable agreement being developed.
Please note, our office is now offering remote mediation services utilizing the user-friendly, free, video-conferencing app, Zoom. If you are having difficulty logging into your remote mediation session, please contact our office and we would be happy to assist you!
To learn even more about mediation, please check out our recent blog post: The Cheaper Alternative to Divorce.
PRENUPTIAL & POSTNUPTIAL
Often in anticipation of marriage, a couple may decide to enter into a prenuptial agreement, which addresses how potential marital assets will be divided in the event of a divorce or death. While this can be an extremely emotional subject for most, having a prenuptial agreement can be beneficial as it spares the couple from enduring litigious disputes, should the marriage end in divorce and/or upon the death of one of the spouses. Prenuptial agreements can be especially advantageous in situations where there is a disparity in income or assets, where one party owns a business or is expecting a hefty inheritance, where one party has significant debt, or where one or both parties have children from prior relationships or marriages.
While having prenuptial agreements can be valuable, not everyone has the time, need or forethought to create a prenuptial agreement prior to getting married; however, that does not always hold true throughout the marriage. In some instances, couples who are already married may have a desire or need to enter into a binding contract with one another, which would address the division of marital assets and future support in the event of a divorce or death. These binding contracts or postnuptial agreements can be helpful in situations where one party suddenly comes into a large sum of money or where one party anticipates incurring a lot of debt and would like to protect the other party from liability.
When dealing with prenuptial and postnuptial agreements, the most important issue is the agreement’s enforceability, which is why consulting an experienced attorney is imperative when negotiating and preparing these agreements. At Foley & MacAdie, P.C., our experienced attorneys will ensure that your rights are fully protected in the event of you want a prenuptial or postnuptial agreement.
ABUSE PREVENTION ORDERS AND HARASSMENT ORDERS
When experiencing emotional abuse, physical abuse, or the threat of physical harm, one can seek a harassment protection order or an abuse prevention order (more commonly known as a restraining order). Both these orders are implemented to protect a party from abuse at the hands of another. However, the biggest difference between them is that a harassment order can be sought against anyone irrespective of the relationship that exists between the two parties, while an abuse prevention order can only be obtained where the parties have the following relationship:
When a party is granted a restraining order or harassment order, the court can implement the following orders:
- Married
- Related by blood or marriage
- Cohabitating
- Child in common
- Engaged or in serious dating relationship; or
- Formerly one of the above
- Prohibit the Defendant from contacting the Plaintiff
- Prohibit the Defendant from abusing the Plaintiff
- Prohibit the Defendant from going to the Plaintiff’s residence, workplace, school, or any other place he or she is expected to be
- Prohibit the Defendant from coming within a certain number of yards from the Plaintiff
- Force the Defendant to surrender any keys they have to the Plaintiff’s residence
- Force the Defendant to surrender their firearms, ammunition
- Suspend the Defendant’s license to carry; and
- Financially compensate the Plaintiff for the abuse suffered at the hands of the Defendant
In domestic relations matter, support orders and parenting schedules can also be implemented into a restraining order. In these cases, the restraining order can also be extended to the children, if they witnessed or suffered abuse as well.
Once a harassment order or restraining order is put in place, any violations of said order should be immediately reported to the police, resulting in the Defendant being criminally charged for their violation.
While we recognize that seeking a protective order is a difficult decision to make, it is often an instrumental step in removing yourself and/or your children from an unsafe situation and ensuring you’re protected from future harm.
At Foley & MacAdie, P.C., we have decades of experience in representing clients who are seeking protective orders and defending against them, and we are here to assist you in whatever capacity you so choose. For a free initial consultation, please contact us at the office at 978-263-4160.
For more information about your eligibility for a protective order, click here.
ESTATE PLANNING
While planning for one’s death is not something most would enjoy, it is an important aspect of getting older. A very common misconception about estate planning is that it is only needed for those with considerable wealth or minor children. In actuality, everyone should have an estate plan – regardless of their age, assets, or whether they have children. Having an estate plan and ensuring it is properly done can save considerable time and money when transferring an estate. In addition, it will ensure that the individual’s assets will be distributed in accordance with their wishes, reduce the likelihood of disagreements between heirs, streamline the probate process, protect the decedent’s privacy, make sure that minor children will be under the care of a guardian chosen by the parent(s), and that the right person will be charge of distributing the estate.
Estate plans are also important for those who become incapacitated and are unable to make medical decisions or manage their financial affairs on their own – this possibly is why it is so important to appoint a health care proxy and durable power of attorney. In Massachusetts, spouses, children, nor parents have any legal right to make medical decisions for those who are over the age of eighteen, in the absence of a health care proxy or court-appointed guardian. This is why everyone over the age of eighteen should have a health care proxy, and a durable power of attorney.
Depending on the nature of the estate itself and the circumstances of the individual, formulating an estate plan can quickly become an incredibly complex process. With our extensive knowledge and years of experience, we can assist in finding the appropriate estate plan for you. Our array of estate planning services includes:
- Wills
- Durable Power of Attorney
- Health Care Proxy
- Probate administration
- Probate litigation
- Succession planning
Learn more about our
Limited Assistance
Representation Services
Limited Assistance
Representation Services
Learn more about our
Limited Assistance
Representation Services
Limited Assistance
Representation Services
Are you in need of protection or a restraining order?
Are you in need of protection or a restraining order?
We are here to help! Set up an initial telephone consultation today.