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 d[ ... ]
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. [ ... ]
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 middl[ ... ]
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:[ ... ]
When interacting with a child or children becomes difficult for a parent because of distance, virtual visitation could help families stay connected. Here is some information those in Massachusetts might like to know about electronic visitation. If a non-custodial parent is entitled to visitation rights, then virtual visitation rights might be an option too. These rights are not meant to replace real world interaction but can supplement parenting time when in-[ ... ]
Unfortunately, divorce is a fact of life. Unsettling and even frightening, it often brings out the worst in people. This includes one spouse hiding income from the other in an attempt to keep it for himself and lessen his spouse’s settlement amount. Although penalties are in place to prevent this kind of unethical behavior, it still happens fairly frequently, particularly in marriages with a complex financial picture. The more sources of income, investm[ ... ]
Going through a divorce is never an exciting time. Most often it comes with much heartache or filled with bitterness. One of the hardest topics of a divorce is the issue of alimony and spousal support in Family Law. Alimony is when a judge orders one spouse to pay another spouse a specific amount of money every month, for a certain amount of time. The length of the marriage is a significant factor when determining the amount of alimony one can expect[ ... ]
Spousal support, also known as alimony, is court-ordered financial support paid by one spouse to the other after a divorce. It is a contentious issue, sometimes even more so than child custody or asset division. Massachusetts has four kinds of alimony, and the amount of support awarded depends on a number of factors. Either party can ask for alimony, but if awarded, the spouse who has the lower-income is usually the person who receives it. Types of A[ ... ]
When parents separate or divorce, children are often caught in the middle. Parents struggle over custody and scheduling parenting time. Each of the participants have rights when making these important decisions. It can’t be forgotten that any agreements involving children must be in the children’s best interest. Massachusetts courts have upheld this assumption. Couples have children both in and out of wedlock. Many of these relationships don&rsquo[ ... ]
Both parents are legally obligated to provide for their children. If the parents separate, this expectation is continued through the process of child support. At the dissolution of their relationship, typically the child or children shall reside primarily with one parent and the other parent shall have parenting time with the child/children. The understanding is that with whom the child primarily resides, otherwise known as the custodial parent, will provide support[ ... ]