Family Law Advisor

The Divorce, Alimony, and Custody Reporter


Volume 1 Issue 7
July/August 1995


Inside This Issue


Reader Response

Dear Reader:

Our Father’s Rights? Wrong! editorial brought unprecedented reader response. Several lawyers commented that we were "off base" (to quote one letter) attributing domestic violence to appeals court decisions.

In response, here is an excerpt from Reuters as reported by the Boston Globe within weeks of our controversial comments.

Man kills son, self over loss of bid to name boy, police say

"Easton, Pa.-Three days after the New Jersey Supreme Court ruled that Alan Gubernat could not force his son Scott to take his last name, police said yesterday that they had found both the father and the child dead.

Gubernat, 33, apparently shot and killed his 3-year-old son and took his own life in his trailer home, Cpl. Steven Junkin of Pennsylvania State police said. The bodies were found on Sunday."

Sharyn T. Sooho
Steven L. Fuchs
Law Offices of Sharyn T. Sooho
Two Newton Place, Suite 200
Newton, MA 02458-1634
voice:(617) 969-1400
fax:(617) 964-1694


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Tips for the Witness

Not only what you say, but how you say it makes an impression at trial.

Listen to the question carefully, make sure you understand it, and then answer truthfully. If you did not understand or hear the question, say so. Never volunteer information beyond the scope of the question, and never guess.

Avoid saying "and that’s the truth" because it tends to cast doubt on your truthfulness. If you use notes to refresh your recollection, be prepared to show your notes to opposing counsel. A court stenographer or tape recorder is making a record of the proceedings so:

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Minimizing or Eliminating Lawyers Fees

Unless you are a welfare recipient or have unlimited resources, you need to minimize or eliminate legal fees in connection with divorce. State bar associations maintain lists of attorneys willing to accept cases on a reduced fee or no fee basis. Eligibility depends on family income.

Volunteer lawyers offer free advice at county probate and family courts. If appropriate, volunteers refer cases to legal aid offices or bar association referral services.

You can perform many simple tasks to cut down legal fees. The following is the list of documents you can obtain yourself:

Avoid using your lawyer as psychotherapist. Lawyers refer to long telephone calls as "hand holding," an expensive and inappropriate use of legal resources. Before calling your lawyer, make a list of discussion items. Ask your lawyer if it is a convenient time to talk. If not, schedule a telephone conference, and keep your line free.

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Moving Away Cases

Moving from Massachusetts after divorce is no simple matter if you have minor children. Unless your former spouse agrees, you cannot take the children without the court’s permission.

The usual case involves remarriage or new job opportunities for the custodial parent, who argues that the move is "clearly advantageous." The parent opposing the move argues that the children will lose their close emotional ties to the Massachusetts parent.

If you and your former spouse disagree about the move:

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Alimony and Insurance

People paying alimony maintain life insurance for the benefit of the alimony recipient. When paying alimony ask the court to label insurance premiums as alimony, a tax deductible expense.

Also consider reducing the amount of insurance over time. For example, if you agree to pay fifteen years of alimony at $10,000 a year, reduce the insurance coverage each year by $10,000. Talk to your lawyer about other cost savings techniques such as present value discounts.

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Family Law Advisor on the Internet

Family Law Advisor is now published concurrently on the World Wide Web at http://www.divorcenet.com/law. "Divorcenet.com" is the Internet Domain of Law Offices of Sharyn T. Sooho.

If you are unfamiliar with using the Internet, the above must sound like gibberish. The Internet (Information Superhighway), is a loose, international coalition of universities, government organizations, commercial Internet providers, and commercial corporations -- approximately six million directly connected computers.

The Internet was originally developed by the US Department of Defense in the 1960’s to provide a secure, computerized means to launch missiles. Since much government research is done on college campuses, the Internet eventually evolved into a means for academicians and researchers to communicate via electronic mail (e-mail), transfer files across the network (ftp) as well as coordinate and share research information.

World Wide Web (WWW or W3) is a graphical user interface (gui) which became popular at the end of 1993. Today, WWW is probably the most popular interface used on the Internet. WWW’s greatest feature is it makes the underlying technology invisible and its greatest strength is hypertext (the electronic linking of related documents).

WWW’s ease of use and hypertext links allow the user to transcend traditional national and commercial boundaries by simply "clicking" their mouse on the linked text to jump from document to document (surfing). At one moment, you may be reading a document on a computer in Switzerland, the next moment you have jumped via hypertext link to a computer in Great Britain, next you are accessing a computer in Boston and are reading the Family Law Advisor.

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Death and Divorce

Divorce invalidates any provisions you made in your will for your former spouse, unless you make an explicit exception. Be sure to review and update wills after divorce. Also review:

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Nota Bene

Divorce judges can grant a divorce and a name change to a woman at the same time. A wife is allowed to resume her maiden name or former husband’s name.

"What constitutes optimal child development, parenting and family relationships...may be decided according to nothing more than theoretical bias."

-- Alan Levy, MD, "Major Pitfalls in Child Custody Evaluation," ABA Section of Family Law, "What’s Blooming in Washington and Its Impact on Your Family Law Practice," Spring 1995, p. 588

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Consumer Price Index

If your agreement calls for a cost of living adjustment ("COLA"), the CPI for all Boston urban consumers increased 2.7 % for the twelve months ending June 30, 1995.

(source: Bureau of Labor Statistics)

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A Few of Our Favorite Things

Talk show radio host Christopher Lydon and guests from the Coalition for the Preservation of Fatherhood discussed divorce and fathers in a broadcast aired July 19, 1995. Lydon had kind words for probate court judges. Audiotapes are for sale at WBUR, Boston.

"When does divorce begin? When the 'I want out' thoughts dominate the desire to work things out."
-- James T. Friedman, The Divorce Handbook


"Settle!"
-- Jeanne Fong, divorce attorney

"My son doesn’t come from a broken home. I fixed it. I divorced his father."
-- Former client

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