Reasons to Have a Postnuptial Agreement

Though most people have heard about a prenuptial agreement, not many have heard about postnupital agreements. These agreements, also called post-marriage agreements, are exactly what they sound like. They are made by a couple after marriage. Similar to prenuptial agreements, they are made to protect both parties in the event of divorce. These agreements spell out how everything will get divided if the marriage ends. Included should be information about, not only your assets, but also your debts. Postnuptial agreements are also helpful if a couple wants to amend their prenuptial agreement. If one or both of the parties decide
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How Social Media Can Impact a Divorce

Before Facebook launched to the public in 2006, most people had never heard the term “social media.” Only internet nerds and computer geeks knew much about it. Fast forward to today and social networking is a large part of many people’s lives. It includes not only posting and sharing on Facebook but also on Twitter, LinkedIn, Pinterest, Instagram and other internet platforms. Social media is changing how people communicate and interact with each other. It is even impacting divorce. Divorce lawyers began encountering evidence garnered from social media websites about six or seven years ago. Now they see it regularly,
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Massachusetts Alimony Law

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 to receive. “According to the Massachusetts Alimony Calculator, under the current Massachusetts law if the marriage lasts five
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Getting a Divorce and Think Your Spouse is Hiding Income?

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, investment accounts, retirement accounts, insurance policies, et cetera that a couple has, the easier it is for one spouse to hide money from the other. So how do
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Parenting Schedules and Virtual Visitation

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-person meetings are not possible. Arrangements for virtual communication might be agreed on by parents as part of a parenting plan or ordered by a judge in a child custody
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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 not.  Instead, the Commonwealth is an “equitable distribution” state, meaning that asset distribution must be fair but not
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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 debts acquired during the marriage, and separate property, which is property and debts acquired by either spouse before entering the marriage. While some states divide
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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 you or your ex might have that a court would consider acceptable reasons for modifying
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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 – is subject to distribution during divorce. “In a nutshell, everything is ‘in the marital pot’
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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 be sworn in and asked questions. You are not going to be traumatized with
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