Thursday, April 29, 2010

Radio Appearance on Money Matters Radio - UPDATED

Attorney Kelsey will be appearing on Money Matters with Scottie McCall on Friday, April 30, 2010 at 3:30 P.M.

Attorney Kelsey will discuss financial issues in divorce. You can watch the interview live on the Money Matters website on Friday, April 30, 2010. Or listen at 1120 WBNW.

UPDATE: Attorney Kelsey's interview is now available here:

Are Mediators in Massachusetts required to be certified?

In Massachusetts, there is no certification for Mediators. However, there are requirements if you want your Mediation to be kept confidential. Massachusetts General Laws Chapter 233 Section 23C requires three elements for a Mediation to be confidential and privileged from discovery in a court proceeding.

First, you must enter into a written agreement with the Mediator. Second, the Mediator must have completed at least thirty (30) hours of training in mediation. Finally, the mediator must have at least four years of experience or be a member of a dispute resolution organization that has been in existence for at least three years, such as the Massachusetts Council on Family Mediation, Inc.

Attorney Justin Kelsey meets these standards and if you sign a written agreement to hire Attorney Kelsey as your mediator then all communications and work product of your mediation will be confidential pursuant to MGL ch. 233 §27C.

Friday, April 16, 2010

Sexting now considered a Crime against Chastity, Morality, Decency and Good Order in MA.


The second portion of the Act has to do with amending the Commonwealth's laws against distributing obscenity to close a gap in the law.

The previous statue defined "matter" as

"any handwritten or printed material, visual representation, live performance or sound recording including but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances."

The new law expands this definition by adding:

"or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system."

In addition, the definition of “visual material” is amended, by inserting after the word “computer”, the following words: ", telephone or any other device capable of electronic data storage or transmission."

These changes will expand charges for distribution of obscene material to include sexting, and other cell phone related distribution.

This is just one more reason to be careful and think twice about what you e-mail, text, or otherwise send electronically. For more information about why you should be careful about texting see our previous post: What you text can and will be used against you!

Monday, April 12, 2010

Just An Average Day in Court (Video)

It's important to remember that no matter how difficult a divorce is, life always goes on. That's why we sometimes like to post items that show the lighter side of life (hopefully without making light of a difficult time).

We hope you enjoy this court-themed remake of the popular YouTube video, Jill & Kevin's wedding entrance dance:

Thursday, April 8, 2010

What are the Advantages & Disadvantages of Mediation?

Mediation has many advantages over litigation. It is usually less expensive than negotiating your agreement through two attorneys and it is far less expensive than going to trial. Mediation can also help you avoid the backlog in the courts, allowing for a more expedient resolution.

In addition to these practical concerns, though, Mediation offers something that the Courts do not offer: the chance to resolve your case on your terms. If you are unable to settle your case in Court a Judge, essentially a stranger who will only meet you for a very limited period of time, will make major decisions about your life. Mediation is your opportunity to make these decisions together. After all, who knows what is better for you than you do.

On a related not, Mediation is also an excellent forum for solving issues unique to divorce that our legal system cannot adequately address. As an example, many couples will litigate who will get custody of the family pets. While most judges are not interested in talking about this, a good mediator will be able to give an appropriate amount of attention to an issue that the parties may feel is important.

Finally, privacy is an important concern for many of our clients. Court is a public forum. Understandably, many people feel uncomfortable talking about the breakdown of their marriage to a judge in a courtroom full of strangers. Mediation takes place in a more private and comforting environment, where the parties can set their own pace to better accommodate their own emotional and practical needs.

There are also disadvantages to mediation, though. For example, when there is a history of abuse between the parties, mediation often fails because the parties cannot reach the necessary level of trust to mediate their dispute amicably. Furthermore, there are no guarantees that mediation will result in an agreement, which could end up costing you more in the long run. You should honestly evaluate whether you and your spouse are willing to participate in an open process before entering into mediation

To learn more visit our website or call us to schedule a free 1-hour consultation.

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