Legal Blog

How are Alimony and Spousal Support Calculated?

During the divorce, the court might order one party to pay alimony (spousal support) to the other.   A judge looks at each case individually and uses a number of factors to determine if one party deserve support or not. Both men and women can request support, but it is not a guarantee for either spouse. When considering Massachusetts family law and deciding whether to award alimony, as well as in what amount and for what duration, the court considers: •    The marriage length •    Each party ...

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Who Gets The House In A Massachusetts Divorce

Going through a divorce is challenging, unsettling and even frightening. Having to divide property only adds to the stress.  A family law question that most divorcing couples ask is who gets the house?  It is often the largest asset that a couple has and can easily become a point of serious contention during divorce proceedings. While some states recognize the idea of community property, in which both spouses own all property jointly and split it down the middle in a divorce, Massachusetts does ...

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Child Custody If You Are Moving From Massachusetts to New Hampshire

Divorce can be a difficult experience, and it is sometimes made even harder when there are children involved, particularly if both parents want sole custody of the children. Unfortunately, child custody can become an even trickier situation if one parent has moved or is planning on moving out of the state, for example from Massachusetts to New Hampshire. MGL c.208 s.30 Massachusetts General Law discusses how child custody and moving across state lines are handled. This applies to both old and ne ...

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Division of Assets in a Massachusetts Divorce

How are the automobiles, money accounts, insurance policies, retirement accounts, home and all the rest divvied up? When it comes to family Law and divorce, Massachusetts is an “equitable distribution” state, meaning that property division, including debts, be fair.  This does not mean that the split is 50/50 but rather that a judge or arbitrator divides the assets and debts according to what he deems fair and equitable. The state recognizes marital property, which is property and de ...

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Massachusetts Family Law and Child Support

If you have ever had to deal with Family Law in the state of Massachusetts, you know that it can be a bit confusing. This is rather frustrating when not knowing your rights and not knowing how to get through the laws can mean the difference between keeping your kids and losing them. Sometimes what’s at stake is somehow even more important than the custody of your kids. Sometimes what’s at stake is making sure you can put food on the table for your kids. If you have won custody alread ...

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Family Law and modifying the terms of a divorce

Divorce settlements aren’t always permanent. You might need to return to court post divorce for a variety of reasons. But keep in mind that you may only return to court for a divorce modification if you or your ex-spouse have a change of circumstances to warrant further legal proceedings. If you move to a different area, or if your job changes, these are valid reasons to contact your attorney to discuss modifying the original agreement.  These are only a few of the possible life changes yo ...

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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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