Our Services

After practicing family law for over 25 years, founder Heidi Webb concluded that the traditional legal process for divorce did not adequately meet clients’ needs. She therefore developed The Consilium ® Process, which encompasses not only legal advice, but also life planning strategies, as well as emotional, financial and logistical suppport during this critical life transition. Since that time, Consilium Divorce Consultations has helped hundreds of clients effectively navigate their paths through divorce, and into their next life stage.

Why Hire A Divorce Consultant?

In order for a case to go smoothly, many things have to align correctly; people need a life plan for after their divorce; they need an understanding of their finances; their attorney needs to be both a personality and skill set fit for them as well as for the facts and circumstances of their case; and for most people, providing emotional support is integral to a successful outcome.

A divorce consultant, who is also a lawyer, understands not only the legal landscape, but also the financial and emotional consequences of divorce. In essence, we will help you frame your “after-marriage” by navigating with you through all the issues- legal, financial, emotional and collateral. Our clients are prepared to embark on their new life journey. They are prepared not only for the day of their divorce, but also for the days after their divorce is final.

As a result of over 20 years of experience and observations, Heidi has developed a methodology to help clients create a bridge from where they are, to where they want to go.

Over the years, key elements became apparent:

Clients make informed decisions when they understand the law’s impact on them
Clients choose a legal process that best suits them when they understand the legal landscape
Clients prioritize and set goals when they can see the impact of their options and decisions
Clients work with us to effectively restructure their families and optimize their outcomes

Our surveys have found a satisfaction rating between 90% and 100% in the following areas:

Our Clients…

feel better informed and better prepared for their lawyer interviews than they would have been if they hadn’t worked with CDC
clients feel better prepared for their divorce than they would have been if they hadn’t worked with CDC
referral lawyers report that on account of the Case Synopsis they receive from CDC, they are better prepared and better informed when meeting with CDC clients
referral lawyers report that CDC clients are well prepared to meet with them, and have a clearer understanding of the divorce process than their general client population
therapists report that their clients/patients were better prepared to embark on the path of divorce than their clients who did not work with CDC
therapists report that their clients/patients became more empowered during the course of their divorce by having worked with CDC.

Cost Savings to You

After meeting with us, you will know where you are heading on your journey. We will arm you with the legal and financial knowledge you need before you meet with lawyers and financial advisors. The time and cost savings are a result of our ability to analyze and streamline your case, spot potential difficulties, and highlight strengths for counsel and financial advisors, so their time is used most efficiently.

As a courtesy to us, attorneys whom we refer you to will most often waive their initial consultation fee. This cost savings alone will allow you to interview a number of attorneys before feeling financially beholden to any one attorney, thereby allowing you to process and analyze with clarity the information you obtain in initial interviews. We provide hourly consultations and comprehensive flat-fee agreements.

Further Benefits to You

Having worked with numerous attorneys over the years, we have earned the respect and trust of attorneys, judges and collateral professionals. We understand well the interpersonal dynamics that play themselves out during the course of a divorce. It’s not just the “hardware” but also the “software” that results in a stronger likelihood of the best possible result.

By agreement of counsel, we will remain available to you as a second opinion and a translator of legal jargon and the process during the course of the complexities of your case.

Key Elements for a Successful Divorce

Start the process with a framework: legal, financial, emotional, and personal goal planning.
Hire the right counsel based not just on reputation or word of mouth, but on who is truly a match for your personal situation.
Know the intricacies of finances not only for today, but also for three, five, or fifteen years from now.
Create an atmosphere where you and your children are well cared for emotionally throughout the process.
Establish attainable goals for your new life.

Divorce Process

Divorce is an emotionally difficult and trying time. However, when divorce seems inevitable, it is important that you work with an attorney who concentrates in the field of family law, understands your legal rights and all options available to you, and will protect your best interests. It is equally important that your attorney is compassionate and connected to you and the long term interests of you and your children.

There are several things to consider when hiring a lawyer and/or a mediator. How to best preserve ongoing meaningful and positive relationships or elements of relationships, whether the parties are able to negotiate effectively and create an even playing field with each other, whether and to what extent the parties need legal advice and representation in their negotiation process, whether the parties need a binding decision from a third party in order to carry out their agreements and how quickly the parties need and or wish to resolve their differences.

Divorce and the Children

Massachusetts requires that all divorcing parents attend a parent education course on the effect of divorce on children and adults. The program is five hours long and generally is completed in two sessions. Divorcing spouses may not attend the same session. Unless the Court waives the requirement both parties must have their certificates in order to be granted a divorce.

In some circumstances, there are jurisdictional questions as to whether the Court can make orders regarding a particular child. There is a special statute (called the Uniform Child Custody Jurisdiction Act (UCCJA) that has been adopted by Massachusetts and most states in some form) that address these issues. In short, a child has to have lived in a location for at least six months (or from birth if under six months old) to establish that state (in this instance Massachusetts) as his or her home state. If the so-called home state is unclear, the Courts from the competing states will consult with each other to determine which states should handle the matter.negotiation process, whether the parties need a binding decision from a third party in order to carry out their agreements and how quickly the parties need and or wish to resolve their differences.

The Divorce Process

Litigation

Litigation is the process of taking a case through court. Traditionally, divorce occurred in the context of litigation. A Complaint is filed by one party who is the named Plaintiff and the one who brings the charge against another party, the named Defendant, the one against whom the charge is brought.

Child Custody Litigation
Child Custody Litigation is legally complex and emotionally difficult for clients. It is necessary when children need protection from a parent or when a parent seeks to alienate the other parent. Child custody trials often require the assistance of psychological and legal professionals who are used by the Court to assist it in assessing the strengths and challenges of each parent as well as the children and thereafter provide the court with a recommendation.

Arbitration and Mediation

Arbitration is the process whereby lawyers and parties agree on a third party, usually a former judge or experienced family lawyer, to serve as the arbitrator in their case. They sign an agreement specifically identifying the issues to be decided by the arbitrator and the process for doing so. Hearings before the arbitrator usually take place in the privacy of the arbitrator’s office, are confidential and are set to begin and end at a time certain convenient to all involved in the process. The arbitrator hears the matter and renders a decision that is then submitted to the Court for incorporation into a binding order or judgment of the court.

Mediation
Mediation is an expedient way for the parties to get to the negotiating table and reach agreement. It provides an opportunity for face-to-face discussion of relationship issues and is effective when both parties feel that the playing field is level.

Mediation is a confidential process by which the parties jointly hire a divorce mediator who serves as a “neutral.” The mediator cannot be either party’s lawyer during the course of their divorce. When parties choose to hire a mediator, often times they also hire their own lawyers to provide counsel during the process and review any agreements reached during mediation. The mediation process is completely voluntary and each party is free to terminate it at any time.

Mediation is not a perfect process but it can provide the control and peace of mind that a litigated matter lacks.

Collaborative Law

Collaborative Law is a process in which the parties and their lawyers commit to resolving their disputes without court intervention or litigation in the privacy of their lawyers’ offices. The parties and lawyers cooperate by jointly retaining any experts or therapists necessary to accomplish this goal and meeting together frequently to agree on the process and ways to resolve their differences. It is an inclusive process allowing for child and financial specialists, divorce coaches and other professionals to work together as a team. The process requires trust and an open and honest exchange of information. Often times the solutions are more creative and better meet the needs of the parties than anything the Court is able to dictate given the limited time the parties spend before a Judge and the limited resources of the Court. Collaborative law can be an improvement over mediation in situations where the parties are uncomfortable negotiating directly, even with the help of a mediator. Like Mediation, Collaborative law is well-suited to preserving relationships.

The collaborative law process may, in some circumstances, take longer, but provided the parties stick with it the disqualification-of-counsel provisions in the collaborative law process agreement operate as a buffer against litigation even if the negotiations become difficult. In the event the process breaks down and the parties choose to proceed through the process of litigation, they must hire new legal counsel.

Divsion of Property

Massachusetts is an equitable distribution state as opposed to an equal division state, meaning that in Massachusetts the law requires that the Court weigh the equities of each party’s contributions to the marriage, both economic and otherwise, and then divide the parties’ property in a fair and equitable fashion.

When the parties have been married for only a short term (generally seven years or less) barring highly unusual circumstances, discreet property that each brought into their marriage will, in all likelihood, be deemed an asset of the party who brought it into the marriage. The same scenario is likely when one party has received a gift or inheritance during the course of a short-term marriage. However, all property acquired during the marriage with marital funds or through marital effort will likely be deemed to be marital property, regardless of how it is titled. Property owned by one party prior to the marriage but which has increased in value may be viewed in part as a marital asset.

The longer two people are married, the more likely assets are to be merged and therefore the more likely the Court is to consider their assets integrated into the fabric of the marriage and jointly divisible.

What is marital property and what is non-marital property is often the subject of dispute in a divorce and often requires detailed and complicated tracing efforts. Pensions, retirement plans and savings plans which one or both parties contributed to during the marriage can be divided at the time of divorce.

Many property issues revolve around the value of the property itself, particularly if there is a professional practice or business involved. Expert witnesses may be required to assist in the valuation process.

Parental rights and Child Custody

In Massachusetts, the child custody laws provide for both shared parenting and sole custody. Parental rights deal with the concepts of shared custody, physical custody (where a child lives primarily), legal custody (who makes decisions about a child’s upbringing regarding for instance healthcare, education and religious affiliation), visitation and parenting plans. More often than not, one parent is designated as the physical custodial parent and both parents act equally as the legal custodians of the child or children. There is no legal presumption in favor of shared parenting. It is simply an option that the court has, and is often a preferred resolution when the parents can demonstrate a history of, and willingness to continue sharing parenting responsibilities. In many cases shared parenting is not feasible or appropriate.

Domestic Violence/Restraining Orders

A person in fear of imminent, serious physical harm from another individual, including a family or household member, may obtain a restraining order. Restraining orders can be granted in connection with a divorce a proceeding, or may relate to other family law conflicts; both the Probate Court and the District Court are available for the issuance of restraining orders. Additionally the Court can make an order for temporary custody of children in connection with a restraining order. A restraining order is generally a civil action, but violation of a restraining order is generally a criminal matter.

Although it is advisable to consult with an attorney prior to obtaining or defending against restraining orders, in an emergency the police department should be contacted as a restraining order can be sought at any time including nights and weekends.

Parenting Plans and Child Support

As both parents often believe they should be awarded full or joint physical custody of their children and as in many instances both parents are fully capable of being their children’s physical custodian, in those cases the Courts try to institute the parents’ desires. However, in doing so most judges require a detailed plan before ordering a shared custody arrangement.

Although the majority of court cases are still resolved with one party receiving sole physical custody the recent trend has been to eliminate labels such as custody and visitation. In lieu of traditional custodial agreements, parents enter into comprehensive agreements called “parenting plans”. Such plans are beneficial to the parties and their children because they avoid the stigma of terms such as “non-custodial parent” and “visitation” while expressly stating what is to be expected of both parents.

Child Support
All states have child support guidelines, which set forth how child support is to be determined. Massachusetts law requires parents to support their children until the age of 18 or until graduation from high school or emancipation. When, as is often the case children remain dependent upon their custodial parents until the age of 21, the parents’ obligations to support their children continue until that time. Where a child attends college full time, the obligation to support may continue until the age of 23. The support obligation can continue indefinitely for a disabled child.

Massachusetts is an income-shares formula state, which means that child support is calculated by examining the total family income and then apportioning the support obligation. Cases with combined family income in excess of $250,000.00 are decided on a case by case basis.

Spousal Support and Alimony

In September of 2011, Governor Deval Patrick signed into law the Alimony Reform Act of 2011, making it effective on March 1, 2012. Prior to the law’s enactment, judges had enormous discretion when ordering alimony and there was no guideline relative to its’ termination. The Act provides more predictability for litigants and a guideline for Judges (and by agreement, litigants and lawyers). The guidelines allow payors and recipients to understand what type of support will be required, and how long that support may last, while still allowing judges some discretion to lengthen that time in the event of special circumstances. Despite the intent to create predictability through the Alimony Act, disputed cases continue to work their through the court system further refining and defining appropriate spousal support orders. The Court will also consider how best to maintain health insurance for both spouses after the divorce. The Alimony Act provides for the following types of alimony: General Term, Rehabilitative, Reimbursement and Transitional Alimony.

General Term Alimony
General term alimony can be granted to a recipient for a marriage of any length. Its purpose is to support the spouse who is economically dependent. The duration of the support is contingent upon the length of the parties’ marriage. It is modifiable, and income guidelines are used to determine the amount. Termination may be made in cases of death of payor or recipient, remarriage or cohabitation of the recipient, retirement of the payor, or court order.

Rehabilitative Alimony
Rehabilitative alimony is paid to a dependent spouse who intends to become economically independent by a specific time through job training or reemployment. The Act does limit eligibility according to a specified length of marriage, and it is unclear if income guidelines will be used to determine the alimony amount. The duration of this type of alimony can last no longer than 5 years. It can be brought back to court for modification. Termination may be made in cases of death of payor or recipient, remarriage of the recipient, or a specific future event as ordered by the Court.

Reimbursement
Reimbursement alimony is a periodic or one-time payment to a recipient spouse in a marriage of five years or less to compensate the recipient spouse for economic or noneconomic contribution to the financial resources of the payor spouse, such as enabling the payor spouse to complete an education or job training. In no event will the duration of payment last more than 5 years. Income guidelines are not used to determine the amount, and this type of alimony is not modifiable. It can be terminated by the death of the recipient, or by a specific date set by the Court.

Transitional Alimony
Transitional alimony is paid to a recipient spouse in a marriage of five years or less in order to assist in his or her adjustment to a new location or lifestyle as a result of the parties’ divorce. It is intended to be short term and it is not modifiable. It can be paid in either periodic payments, or a one-time payment. It is not modifiable by the court, and it is unclear if income guidelines will be used to determine the amount. It can be terminated by the death of the recipient, or by a specific date set by the Court.

Pre and Postnuptial Agreements

Oftentimes when parties who have signed Prenuptial or Postnuptial Agreements are contemplating divorce, they are unclear about relevant clauses in their Agreements. Further there are times when the clauses themselves are unclear. By analyzing the intricacies of the Agreements and the issues likely to become disputed, we are able to read and analyze the Agreements and help you hire counsel who will most favorably represent your interests.

Prenuptial Agreements
Prenuptial Agreements are contracts entered into prior to marriage by two people intending to marry who contract with each other. The context and content of a Prenuptial Agreement can vary widely, but commonly they include provisions for division of property and spousal support in the event of divorce.

Postnuptial Agreements
Postnuptial Agreements are similar to Prenuptial Agreements except that they are entered into after a couple is married.

Moving Out of State - Relocation

One of the most difficult situations co-parents can confront is that of one parent wanting to move out of the state in which they had resided together with their children.

Moving away or relocating, or “removal” as it is often called, has significant impact on both children and their parents. When parents can’t agree about a move, the cases often end up Court involved with the appointment of a Guardian ad litem for the children. Massachusetts has established laws related to removal, and the decision to leave the state can be complicated both legally and psychologically. Before deciding that you want to move away, or making a decision that you wish to try to prevent relocation it is important to understand both the laws and the emotional complexities involved.

Through the Cosiliium Process we are able to help parents understand the legal, psychological and emotional impact of removal, consider multiple relevant perspectives, and then make an informed legal and psychological decision as to how to best move forward.

Post Divorce Issues

Post Divorce Issues often arise when divorced couples find that as their children’s needs further develop they need to modify the child related provisions in their divorce judgment. A significant increase or decrease of income by either spouse, the need to move out of state, the need for more or less visitation or the need for a change in physical custody are just a few of reasons one parent might seek to modify their divorce judgment.

Contempt Complaints
When a spouse does not comply with the terms of a divorce agreement or decree (orders after trial) the Court has the authority to enforce its compliance via a contempt action filed by the party who is harmed. The most common areas in which contempt actions are filed are child support, parenting issues and property disbursement division.

A party found in contempt may face financial sanctions, jail time, loss of property and may be ordered to pay the filing party’s attorney’s fees and costs.

A Guardian ad Litem (GAL) is a person appointed by the Court to investigate the facts of a case and report to the Court.

The Guardian ad Litem may also make recommendations to the Court but only if requested by the Judge. A Guardian ad Litem may be appointed in a divorce or paternity action where there is a custodial or parenting plan dispute, or other matters involving the person or estate of a child or adult. A Guardian ad Litem does a comprehensive investigation in order to provide the Court with information that will help the Court make decisions in that case about the child(ren) or adult that is the subject of the court proceeding.

FAQs

Frequently Asked Questions

What if I’m not sure I want to get divorced?

Over the years, we’ve had many clients come to us who were unsure if they wanted to proceed with divorce. After the initial consultation, they walk away with a better understanding of what their life might look like personally, financially, and legally if they decide to move forward. Some clients move forward immediately, while others return in a few months to proceed. However, there are those who return home to work on their marriage and we do not hear from them again. We are happy to help provide clarity to you and your unique situation, so you make the best possible decision for you and your family.

What is the role of your Consilium Divorce Consultant?

At Consilium Divorce Consultations, we take our expertise in family law, education and psychology, and put it to work for you. This includes goal planning both during and after the divorce, basic financial review, and emotional support. Our experience in education allows us to assist with appropriate planning for children’s developmental needs, especially children with special needs. Our psychology experience combined with over 20 years of family law legal expertise allows us to help our clients select an attorney most suited to his or her needs. The selection process includes an assessment of our client and the strengths and vulnerabilities of his or her case, as well as that of his or her spouse.

With this information, attorneys who are most likely to be able to optimize a favorable outcome for our clients will be retained. If your situation requires referrals to either therapists or wealth managers, we assist you in finding professionals who are well suited to your needs. Providing emotional support to our clients makes the process less daunting, allowing them to make calm informed decisions that produce better short-term and long-term outcomes.

Why should I hire Consilium DC in advance of hiring a divorce lawyer?

While a traditional lawyer will handle the legal aspects of your divorce, your Consilium consultant will look at the legal aspects, emotional difficulties, financial ramifications, and multi-year goal planning for your life before, during, and after the divorce. Working with a professional who understands the complexity of divorce will allow you to be emotionally supported during the process while planning for the years following your divorce, and developing a strategy to achieve them. Our work together will help you maintain stability for your family during this trying time in your life, and for years to come.

What are the benefits of a Consilium Divorce Consultant?

A lawyer handles legal matters. A divorce consultant who is also a lawyer, understands not only the legal landscape, but also the financial and emotional consequences of divorce, and helps you frame your “after-marriage”. Therefore, we are able to help clients navigate through all the issues, not just the legal ones. First, we will help you look at your family structure in a holistic way. We will work with you through The Consilium Process to help you understand not only your goals, but also the likely goals of your spouse. We’ll then assist you in interviewing and retaining an attorney who will give you the best possible legal representation for your unique set of circumstances.

If desired, we will stay involved with your case to translate the legal jargon used by lawyers and the courts, and provide emotional support throughout the process. By giving you the tools you need to be proactive instead of reactive during the divorce, you will have the best possible chance of success before, during, and after your divorce. From your very first meeting with us, you will look into the future of post-divorce life and help plan for that life by setting attainable goals.

What are my options for getting divorced?

Mediation

Mediation is an expedient way for the parties to get to the negotiating table and reach agreement. It provides an opportunity for face-to-face discussion of relationship issues and is effective when both parties feel that the playing field is level.

Mediation is a confidential process by which the parties jointly hire a divorce mediator who serves as a “neutral” party. The mediator cannot be either party’s lawyer during the course of their divorce. When parties choose to hire a mediator, often times they also hire their own lawyers to provide counsel during the process and review any agreements reached during mediation. The mediation process is completely voluntary and each party is free to terminate it at any time.

Mediation is not a perfect process but it can provide the control and peace of mind that a litigated matter lacks.

Arbitration

Arbitration is the process whereby lawyers and parties agree on a third party, usually a former judge or experienced family lawyer, to serve as the arbitrator in their case. They sign an agreement specifically identifying the issues to be decided by the arbitrator and the process for doing so. Hearings before the arbitrator usually take place in the privacy of the arbitrator’s office, are confidential and are set to begin and end at a time certain convenient to all involved in the process. The arbitrator hears the matter and renders a decision that is then submitted to the Court for incorporation into a binding order or judgment of the court.

Collaborative Divorce

Collaborative Law is a process in which the parties and their lawyers commit to resolving their disputes without court intervention or litigation in the privacy of their lawyers’ offices. The parties and lawyers cooperate by jointly retaining any experts or therapists necessary to accomplish this goal and meeting together frequently to agree on the process and ways to resolve their differences. It is an inclusive process allowing for child and financial specialists, divorce coaches and other professionals to work together as a team. The process requires trust and an open and honest exchange of information. Often times the solutions are more creative and better meet the needs of the parties than anything the Court is able to dictate given the limited time the parties spend before a Judge, and the limited resources of the Court. Collaborative law can be an improvement over mediation in situations where the parties are uncomfortable negotiating directly, even with the help of a mediator. Like mediation, collaborative law is well suited to preserving relationships.

The collaborative law process may, in some circumstances, become protracted, but provided the parties stick with it, the fact that collaborative law counsel agree not to go to Court operates as a buffer against litigation even if the negotiations become difficult. In the event the process breaks down and the parties choose to proceed through the process of litigation, they must hire new legal counsel.

Traditional Divorce Litigation

Litigation is the process of taking a case through Court. Traditionally, the process of divorce has been framed in the context of litigation. Although the parties can file a Joint Petition together, in most circumstances one party files the Complaint thereby becoming the Plaintiff, against the other party, who is named as the Defendant.

How will you help me find the right lawyer?

Once you make a decision to proceed with a divorce, choosing the right lawyer is extremely important. Most people are overwhelmed with emotions, like sadness or anger; at the time they are hiring a divorce lawyer. Many people hire the first lawyer they meet with, because they have already invested time in explaining their personal situation, and most likely, paid a consultation fee.

As divorce consultants, we interview you about your situation, expectations, goals and style preferences. We then discuss the likely outlook and goals of your spouse. The fact that we have no self interest in being retained by you for your divorce allows us to see your case from more of a “bird’s eye view”, and to analyze it from advocacy, counterpoint, and neutral standpoints. We are able to be uncompromising in our role and therefore help you retain the best possible legal counsel for you and your unique circumstances.

After meeting with you and prior to your meeting with any attorneys, we write a review and synopsis of your circumstances, which curtails your need to repeat your circumstances numerous times. Our synopsis will also include a legal analysis, which highlights potential strengths and vulnerabilities of your case as well as those of your spouse. Prior to providing our review and synopsis to any attorney to whom we refer you, we make certain that the attorney does not have any conflicts that would preclude his or her ability to represent you.

After your interviews, we will meet to discuss your thoughts on each attorney. We will analyze the styles of each attorney and compare them to the attorney your spouse has retained or is likely to retain. For example, if your spouse hires a contentious and litigious attorney, your attorney must have the skills to be most effective under those circumstances. Rather than looking for more “fight”, we look to help you achieve the best possible result for you. Having two attorneys who are well matched and work well together is much more likely to work in your favor. Not only is a better settlement likely to be reached for you and your family, a better “after-marriage” is more likely to result for you and your spouse.

We help to take the emotion out of hiring a divorce lawyer. We will work together as a team to strategically select the best attorney for you based on your unique situation.

Will you stay on my case during the entire divorce?

Divorce consultation is not “one size fits all”. How much you use our service is up to you.

To understand Massachusetts divorce law and the financial consequences for them in the event of a divorce.

To determine if they would like to proceed with a divorce, to have a Pre Nuptial Agreement explained, or to understand if a Post Nuptial Agreement might be appropriate for them.

To determine whether mediation, arbitration, collaborative divorce, or traditional divorce is right for the situation.

To help you hire a lawyer who will be best suited to work with the lawyer chosen by your spouse, or to help you and your spouse create a collaborative team.

To receive emotional support throughout the course of your divorce.

To find a therapist.

To find a wealth manager.

To create a parenting plan.

To collaborate with the attorney you retain and provide a second opinion when needed.

To translate the legal jargon used by lawyers and Courts and guide you through your divorce process.

Dissolution to Evolution

Navigating Your Divorce Through The Consilium Process

This book, that describes the Consilium Process, was developed to help people considering divorce to simultaneously create a parallel path of personal growth. It highlights common scenarios, presents thoughtful options and constructs optimal outcomes. The workbook helps people structure and pre-think their process so that logic can prevail during a time fraught with high emotion.

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