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Attorney S. Tracy Fischer

Tracy Fischer Mediation
Experience:  30 Years
Area Served: Greater Boston

100 Conifer Hill Drive
Suite 504
Danvers, MA, 01923


Attorney Message

Divorce mediation is an alternative to divorce litigation and is often the best option for couples. I am an experienced Massachusetts divorce mediator and family mediator, and I help clients find the best way to resolve their divorce amicably.  Call me to schedule a consultation.

Areas of Practice

Summary

Verification- Supreme Judicial Court of Massachusetts

  • Last verified: 2/18/2014
  • Current status is Active
  • This attorney has no record of public discipline.
  • This attorney has certified that he or she is covered by professional liability insurance.

 

Education

Suffolk University Law School, J.D., 1987
Tulane University, B.A., 1984

Bar Admissions

Massachusetts, D1987

Professional Associations

Massachusetts Bar Association
Massachusetts Council on Family Mediation

About Me

About Tracy Fischer

Tracy has been Certified as a Divorce Mediator by the Massachusetts Council on Family Mediation for over 14 years. In order to be one of the small number of certified mediators in Massachusetts she has been deemed to have significant mediation experience, advanced training and education. This certification must be renewed every two years with an additional twenty hours of training. In addition, Tracy has recently been appointed as chairperson of the certification committee of MCFM and will be working to promote these high standards for the practice of divorce mediation. MCFM is the only family mediation organization in Massachusetts that has standards for certification of divorce mediators.

Tracy’s BA Degree from Tulane University in Psychology and J.D. degree from Suffolk University School of Law provide her with the background to work with people who are in emotional crisis and to assist them in crafting legally binding divorce agreements. Tracy is a Certified Massachusetts Divorce Mediator and Board Member of the Massachusetts Council on Family Mediation.

Tracy is a trained divorce mediator and has over 19 years of experience assisting couples in achieving an amicable resolution to an often expensive, stressful and emotional experience. Mediator Tracy Fischer provides answers to questions regarding divorce and guides couples through complex issues regarding the division of property, emotional issues of co-parenting arrangements, and financial issues involving child support or alimony responsibilities.

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Q&A

Legal Questions & Answers


A:
This is a very difficult time when you want to encourage and help your children yet finances are, of course, an issue. It also seems as though you have 2 children going to college at the same time, which creates an even greater financial burden. A judge would look at the finances of the family – and since you clearly desire to help your children as much as you are able, a judge would take that into consideration. It would depend a lot on the ability of you and your ex-wife to pay for college educations, also while balancing the need for both of you to maintain your retirement accounts and ability for both of you to save for your futures. Parent loans, student loans and aid may all figure in to the plan. Since communication is clearly a very difficult issue you may want to consider mediation to deal with college planning. You certainly want to be involved in choices of schools and participate in the decision making process with your children. Mediation of the issue of college planning, choice of college and financial obligation would allow you and your ex-spouse the ability to communicate and come to mutually acceptable agreements on who to proceed. I hope this answer helps during this difficult time.




A:
You have a number of options to get divorced fairly quickly and amicably in Massachusetts. You can consider divorce mediation where the two of you would meet with a trained neutral professional lawyer/mediator who would discuss with you all the issues you need to agree upon in coming to a comprehensive divorce agreement. The two of you would be able to work out your property division and other legal issues on your own without court intervention. When this agreement is finalized between the two of you and filed with the court, you would generally get a court date within a month and your divorce would be final 4 months from this court date. The final date is necessary for remarriage and filing your taxes separately. The court date is comprised of 5 -10 minutes in front of a judge where s/he would determine if your agreement meets the standards of “fair and reasonable” to both parties. Even though your youngest will be 18 they are not considered emancipated under Massachusetts law. Look for an experienced divorce mediator. The Mass Council of Family Mediators offers a referral list for your area and many mediators are certified- indicating significant experience. I hope this helps, I would not recommend a foreign divorce. Massachusetts law has evolved to make divorces more easily obtainable with a Joint Petition. These are important decisions that you are making that may effect you for years to come, it is important to make sure these decisions are in the best interest of both and that you have received the proper legal information.




A:
Since the answer to this question depends on many factors, your original divorce agreement, whether your later agreement was in writing, and the current finances of your family, you may want to consider post-divorce mediation. You would be able to meet with your ex-spouse with a trained neutral professional, to help figure out what makes sense given the current situation. There is no specific “law” that determines the outcome of the timing of the sale of marital property. It depends on many considerations. It would certainly help if you and your ex spouse were able to resolve this without causing great deal more conflict, as your daughter is clearly suffering as a result. Mediation would allow the two of you to decide how to deal with the sale or buy-out of your home, keeping in mind the interests and desires of both of you, as well as the issues facing your daughter.




A:
A postnuptial agreement, also known as a post marital agreement, is an agreement on how spouses would divide their property and deal with support issues in the event they divorce, as long as the agreement is not made “in contemplation”of divorce. The court has found this type of agreement enforceable if it meets the following criteria: the opportunity for each party to obtain separate legal counsel of their own choosing; there was no fraud or coercion in obtaining the agreement; all assets were fully disclosed by both before the agreement was executed; each party knowingly waives in writing the right to a judicial equitable division of marital property and assets in the event of divorce; and the terms of agreement are fair and reasonable at the time of execution and at the time of divorce. Couples can work through in mediation certain issues that tend to cause conflict in the relationship and outline their agreement with respect to these issues in the post marital agreement. Although this part of the agreement would not be enforced by a court, it might assist couples to ultimately determine if the marriage should continue. A divorce mediator would certainly be able to help you work through the issues to come to a comprehensive post marital agreement.




A:
In Massachusetts a postnuptial agreement, also known as a post marital agreement, is an agreement on how spouses would divide their property and deal with support issues in the event they divorce, as long as the agreement is not made “in contemplation”of divorce. The court has found this type of agreement enforceable if it meets the following criteria: the opportunity for each party to obtain separate legal counsel of their own choosing; there was no fraud or coercion in obtaining the agreement; all assets were fully disclosed by both before the agreement was executed; each party knowingly waives in writing the right to a judicial equitable division of marital property and assets in the event of divorce; and the terms of agreement are fair and reasonable at the time of execution and at the time of divorce.




A:
I specialize in divorce mediation and have offices in Danvers, MA. Please review my website and my credentials. I'd welcome the opportunity to speak with you and learn more about your situation. Thank you. Tracy www.TracyFischerMediation.com




A:
I don’t know if you have been in therapy at all, but telling your wife how you feel in a therapeutic setting with the proper support for her may be one way to deal with the range of emotions that she will have. You may suggest marital counseling. After discussing your relationship you may want to consider divorce mediation as a way to work through the issues that need to be addressed such as a parenting plan, financial support and how to divide your assets. Mediation is a non-adversarial and collaborative approach that helps divorcing couples work through the difficult decisions while maintaining a high degree of cooperation. The mediator is a trained neutral experienced in conflict resolution. Mediated agreements are often less costly than adversarial divorces and help couples to maintain their relationship as parents. It is so important that you do what you can to prevent the conflict from escalating while figuring out the decisions inherent in a divorce. Most parents want to protect their children from the ramifications of divorce, and the best way to do that is to decrease the conflict between the parents. Adversarial divorces will often increase the conflict between the divorcing parents. Clarifying to your wife that you want the outcome to be a fair and equitable on for her and the children will help to set the tone.




A:
Certainly talk to your attorney. For a 1 year old particularly- not seeing a parent for almost 2 weeks is a very long time. It is really important for a young child to see the parent he is not living with as frequently as possible. That is why a weeknight is often included in a parenting plan- so that the child can spend time with the parent on the week that they would not be seeing them and for a shorter period of time. Perhaps an adjustment to this schedule may have a better result for both of you? A night that “dad” is not working- and more towards the middle of the week. or the evening and overnight with dad and the daytime with you if you are not working. Perhaps there is one weekday that dad can leave work early and stay late on another day to make up for it when the child is not with him. This overnight can also allow you to use the time for something that you need to do. It is so important to encourage the relationship that each parent has with their child. Your child will have immense benefits over his entite life by being able to build a solid relationship now with his father. These adjustments to the schedule will happen over many years of your son’s life. When your din enters school schedules may change. It is so helpful to look at them as opportunities to increase the bonds that your son has with both his mother and his father. Visit my website to learn more: www.tracyfischermediation.com



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Location Served

Attorney Tracy Fischer is a Boston Metro family and divorce mediator with offices in Danvers and Needham, Massachusetts. She provides mediation and family law services to individuals and families throughout the Boston Metro region including Andover, Beverly, Boxford, Burlington, Danvers, Gloucester, Marblehead, Newton, Needham, Peabody, Salem, Tewksbury, Topsfield, Waltham, Watertown, Wayland, Wellesley, Weston and Wilmington, Massachusetts.


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