Kenneth E. Lindauer
Divorce Law - Salem, MA

At the outset of a case it's fairly common for a client to be overwhelmed by the enormity and complexity of the divorce process. Not only does the client have to worry about personal survival, the client has to worry about the children, division of marital property, the family business (if any), health insurance issues, current support and income and future needs, both for her/him and the children. In addition to all that, the client usually has to deal with the severe emotional trauma of the breakdown in the relationship and therefore, may not be able to focus on the realities of a future settlement arrangement or the practical limitations of the judicial process. It is the role of the attorney to help the client put the issues in proper perspective so the client can deal with the situation. It is important for the client to understand the process they are about to get into. What that means, simply, is that the client must understand the advantages and the limitations of the judicial process.

The problems that have arisen in the divorce were not created in a day and they won't be resolved in a day. The process is a step-by-step approach to a solution that needs to be satisfactory to the client as well as fair to the family. Few cases actually go to trial; however the attorney must always prepare the case as if that may happen. Through various efforts at mediation, either privately or through the court, it is encouraged for parties, together with their attorneys, to reach divorce agreements.

It often takes a certain frame of mind to reach a settlement in a divorce matter, but it is not necessarily about winning and losing. In fact, I often will shy away from prospective clients who simply want to "win" - "winning" and "losing" really aren't part of the divorce process. Of course, when questioned, it's often impossible to define as what one means by "winning" a divorce case.

Usually, I'll try to educate the client from the first conversation. I'll explain the court's role. I'll lay out the difference between things like legal custody and physical custody. Also, I will carefully review important issues such as property division, child support, alimony, college expenses and the many other issues that concern the client. And, I'll explain that the client has a role in the process as well. In a divorce case, you should not leave everything to your lawyer.

In Massachusetts family courts, cases are assigned to a judge at the commencement of the case and that judge stays with the case until settlement or trial, six months to a year if necessary. I think that process works well. It's definitely helpful if an attorney is familiar with the judges, and for the judges to know the attorney as well. It's my job to keep everyone focused on the objective - which is to achieve results that are lasting and reasonable.

The court requires four-way meetings (with the spouses and their attorneys), and later a pre-trial conference. Such events move the process along. But the court is not going to solve everything, unless absolutely necessary. The major assets of a family are the primary residence and the pension, and they are often not as accessible as many believe. What is a house worth? That's not such an easy question. Once one house is sold, another has to be bought. The pension, too, may hay have a high value, bit may not be accessible for some time.

Salem is a wonderful place to practice. The town has experienced great growth and younger people are moving here all the time.

I have always enjoyed my work - it's never dull. I deal with people on a level that you simply don't get to in other areas of the law. And that makes it very satisfying.

Kenneth E. Lindauer
"It's my job to keep everyone focused on the objective - which is to achieve results that are lasting and reasonable."
Phone: (800) 464-5861
Fax: (978) 744-1319
 
 
Education
Boston University, B.A., 1971
Northeastern University School of Law, J.D., 1974
 
2014-04-28 08:19:33