Legal Blog

Can Divorce Affect Inherited Property?

One of the most complex and important issues in any divorce is the division of property. While some divorcing spouses are able to come to an agreement on this issue outside of court, in many cases a judge must step in and direct an equitable distribution of assets. However, determining which assets may be distributed is often a source of confusion, and laws vary state-by-state. In Massachusetts, it is important to remember that all property – even property inherited by one of the spouses ...

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Avoid Divorce Delays With An Updated Pre-Nup

Contested issues are the most common causes for delays in finalizing a divorce. There is no doubt that by the time a couple has endured the journey of recognizing it is time to end a marriage they are hoping for a legal process that is not excruciatingly lengthy. The most common contested issues are: Child custody Child support Alimony Division of assets Three out of the four most common causes of delay are rooted in money and assets. Is there a way to communicate more effectively and resolve th ...

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Surviving A Divorce Deposition

Even lengthy, contested divorces usually do not involve a deposition. However, there are exceptions to every rule and in the case of a deposition, this exception also applies. If things have become so contentious a trial is anticipated or, perhaps, there is a great deal of wealth at stake, a deposition will be used during the discovery process. Should you find yourself facing a deposition, rather than worry, follow these tips to get through it like a pro. #1. Try to relax You are only going to b ...

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An Explanation of Divorce Terms

Whether you are considering filing for divorce or you find yourself already in the middle of divorce proceedings, you may have heard an assortment of divorce terms, and you might be wondering what these terms mean. Divorce can be a difficult and confusing situation, but there is no reason you need to continue to be confused by some of the terms you are hearing. One thing some people wonder about is the difference between an “uncontested” and “contested” divorce. In an uncontested divorce, the co ...

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Divorce Modifications

Considerable time and effort goes into negotiating the average divorce. Many are surprised that sometimes, months, or even years, afterwards, they discover that it still isn’t quite right. Perhaps an important life event has created new circumstances that make changing a divorce decree necessary. Modifications make a do-over possible, so to speak. Custody & Visitation The most common reason to file for a modification is related to the children. However, before filing a modification fir ...

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Divorce Includes Visits and Custody vs. Parenting time

Massachusetts courts are moving away from the custody and visitation model in favor of allotting parenting time. Historically, Massachusetts courts often awarded primary physical custody to one parent, who would have the children reside with them during the school week, with the other parent being awarded ‘visits’ with the children on weekends, holidays and school vacations. In some cases, courts would order that the parents have ‘shared’ physical custody, in which childr ...

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Joint Custody Tips: It’s Important to Be Civil

When it comes to child custody, many people agree that joint custody is the best option. After all, it allows the child to spend time with both parents, and it allows both parents to be able to see their child. Plus, it also helps break up the financial cost of taking care of the child, which can make things easier for everyone who is involved. However, there is one important thing that you will need to remember when it comes to a joint custody agreement: being civil. This can be tough to do whe ...

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Family Law: What Should You Do if You Can’t Afford to Pay Child Support?

Dealing with matters of family law, such as child support, can be challenging. Even though you probably certainly have no problem with paying child support to help take care of your children, if you are unable to pay as much as the court is requiring you to, it can put you in a tough situation. Then, you could face all sorts of consequences — including jail time — for not keeping up with your child support. Luckily, there are a few steps that you can take when you can’t afford ...

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Child Support and Parenting Time: How Are They Related?

Massachusetts law determines child custody cases on the basis of the “best interest of the child.” The best interest of the child drives every decision the court makes, including the amount of time the child will spend with each parent (“parenting time”), as well as the amount of child support the non-custodial parent will pay the custodial parent. What is Parenting Time? Parenting time refers to the amount of time the child spends with each parent. Generally, there is a ...

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How to Prevent Parenting Time from Affecting Your Child’s Schoolwork

Sharing custody with another parent can be tough, and your parenting time is probably very important to you. However, you might have one concern — whether or not parenting time can affect your child’s schoolwork. After all, having an ever-changing schedule and shuffling from place to place and home to home can be tough on a kid, and it can make studying hard. Luckily, you do not have to sacrifice parenting time or put your child in a tough position in regards to his or her studies if ...

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