Is Collaborative Law Right For Your Divorce

The emotional repercussions of the breakdown of a marriage make divorce one of the most complicated of all legal processes. However, complicated court appearances and stressful litigation are not always necessary. For those that are seeking a more respectful method of resolving the issues and want settle outside of court, collaborative law is an excellent option. The Collaborative Law process sets rules, boundaries and guidelines to assist families in reaching a resolution that meets the needs of everyone. There are many experienced attorneys throughout the state of Massachusetts that are collaboratively trained to assist individuals in this regard. What is
Continue Reading

Thorough and Fully Invested in My Case

Eric was able to get me all that I had required which my previous attorney thought was impossible. Through out the process he was on top of the matters and seemed fully involved and invested in my case. He has great negotiating skills which made this agreement possible. He uses his time efficiently to minimize client expenses. I plan to retain him for my future requirements. I would definitely recommend Attorney Schutzbank to anyone.
Continue Reading

How to Handle False Allegations During Child Custody & Divorce

It seems like everyone knows a story about false allegations during child custody and divorce. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and exclusive use of the family home. The accused parent then must defend themselves in court and prove these allegations false. While false accusations are a legal mess, it is also terrible to have someone who you once shared a life make claims of either abuse or neglect. It is something
Continue Reading

Notice: Massachusetts Mandatory Parent Education Programs Update

In order to promote awareness of, and track and enforce attendance at, mandatory Parent Education programs, the Probate and Family Court is implement new requirements, time-frames and forms. To that end, Standing Order 4-08 is repealed effective May 1, 2016, and will be replaced with Standing Order 2-16, effective May 1, 2016. Changes reflected in Standing Order 2-16 include: new required documentation of registration to encourage prompt enrollment; clarification concerning the basis for waiving the mandatory attendance requirement, and highlighted alternative to such waiver when appropriate; and updated information concerning the delivery of parent education services via DVD or online
Continue Reading

Eric Schutzbank Designated as a Founding Member of the New Hampshire Chapter of the AACFL

The American Academy For Certified Financial Litigators (AACFL) welcomes Attorney Eric Schutzbank as a Founding Member of the New Hampshire Chapter of the AACFL. Attorney Schutzbank is in the process of completing his CFL certification. The CFL™ is a designation awarded to select practitioners who have received this high level training and passed the CFL™ examination. The CFL designation ensures customized training in the financial aspects of litigation including accounting, taxation, investments, valuation, forensics and compensation. While other certifications are no absolute assurance of quality or integrity, the CFL™ requires completing the training program and receiving a passing grade on
Continue Reading

Thorough, straight-shooting attorney who gets results

After a long contentious battle in family court, Eric was able to get me the parental rights that I deserve. I have my fair share of experience with attorneys and have often felt neglected, under-advised, and left with little to no positive results. This is the first time I have ever worked with an attorney who is so sharp in every way imaginable. I will certainly be employing him as my attorney in any future legal matters. Joe, divorce client
Continue Reading

Separation Agreements

A Separation Agreement sets forth the specific terms of what is agreed to by the Parties in resolution to their divorce. These terms might include details about custody, parenting schedules, child support, alimony or spousal support, division of property, taxes, and payment of debts and anything else that needs to be addressed when resolving a divorce by an agreement. In a Joint Petition for Divorce, the Separation Agreement is negotiated and drafted prior to filing. In contested litigation, it is drafted at some point prior to the conclusion of a trial on the merits. A well drafted agreement is specific
Continue Reading

Alimony Beyond Durational Limits

The Alimony Reform Act of 2011 established durational term limits for general term alimony for marriages less than twenty years in length. The law also permitted Alimony Payors to file Modification Complaints seeking to termination general term alimony if such durational limits had been exceeded. The law established a blanket exception for durational term limits if an alimony recipient could show that the durational limit should be extended for good cause shown. In the case of Barcalow v. Barcalow, the trial judge found that a disabled alimony recipient was entitled to continue receiving alimony payments beyond the durational limits. The
Continue Reading

Appeals Court Rules on Prenuptial Agreements

The Appeals Court recently ruled on several critical issues involving prenuptial agreements. In Pisano v. Pisano, the Appeals Court addressed the issues of involving a bifurcated trial, a prenuptial agreement, temporary alimony and family loans. The primary issues that resulted in heavily contested litigation all could have been prevented by inclusion of clear provisions in the Prenuptial Agreement. This is not a criticism of those who drafted the document. In many instances, the soon to be married couple are unwilling or unable to address these types of specifics. The Pisano case, however, demonstrates the importance of clear and thoughtful decision-making
Continue Reading

Limited Assistance Representation

Limited Assistance Representation is when an attorney represents or assists a litigant with part, but not all, of his or her legal matter, instead of the standard full representation on an entire case. Limited Assistance Representation allows an attorney to assist a self-represented client with specific issues on a limited basis. This might include preparing or reviewing documents, appearing in court for a crucial event such as a Pretrial Conference or a Motion to Dismiss or giving legal advice. This type of representation is also known as providing unbundled services. This type of limited representation permits the attorney to automatically
Continue Reading