Despite complications to the marriage, most people enter the divorce process believing their soon to be ex-spouse is an honest person. Unfortunately, this is not always the situation. The fact is, dishonesty is a common reason for seeking a divorce. Even if you have no reason to suspect your former partner is dishonest, there is still good cause to be curious and concerned about their finances heading into a divorce. Once a divorce begins, many people will do whatever it takes to conceal and hold on to what they believe is their assets or their money. Moreover, some will even
Many couples start out in marriage with great hopes and expectations, only to end up in a relationship that unfortunately does not work. There are many steps in the divorce process in Massachusetts and just as many avenues to take depending on your situation. Here is a brief introduction to filing for divorce in Massachusetts and some of what you may encounter. A divorce can be categorized as “no-fault” or “fault.” Definitions of “fault” include adultery, desertion, cruel and abusive treatment, a prison sentence of five years or longer, among others. “Fault” divorces are very rare in Massachusetts because there
When parties divorce in Massachusetts, a Judgment of Divorce Nisi will enter ninety days before the divorce becomes absolute, or final. If the parties executed a Separation Agreement in connection with their divorce, that Separation Agreement will be incorporated into the Judgment of Divorce and become an Order of the Court. If the parties actually have a trial in connection with their divorce, the Court will make an Order after that trial, based on the evidence offered at trial. Whether by agreement of the parties or by order of Court after trial, the Order will address specific items relevant to
For those looking to pursue a divorce action in the Commonwealth of Massachusetts, several factors must be considered prior to the filing of an action with the Probate and Family Court. The legal process of divorce can be complicated; therefore, it is in the best interest of each individual to consider hiring an attorney who focuses on divorce and family law, even if the divorce is considered “uncontested.” Residency Requirements In Massachusetts, the couple must have lived as spouses in the Commonwealth in order to file a Joint Petition or Complaint for divorce in a Massachusetts Probate and Family Court.
One of the most common questions when going through a divorce is about spousal support. Spousal support is often called alimony, and it is a word that many people hear but don’t quite understand. When you hear about divorces involving famous people, most often there are orders for large amounts of alimony. You may hear about alimony payments in the millions when a movie star divorces, or in cases of people who are very rich. But what if you or your spouse don’t earn more than six figures? Does alimony still come into play? The answer is simply that it
Most people assume that a divorcing couple’s assets will be divided according to what they own at the time they separate. But in some cases, things that happen after a couple split up can affect what they’re entitled to in a divorce. Only an attorney with expertise in divorce law can determine exactly what you might be entitled to…so it’s important to tell your divorce attorney about anything that could affect the prospects of both you and your spouse down the road. Take the case of a man who was a 25% partner in a real estate project at the
Federal government benefits – such as from Social Security or the military – have their own rules, and those rules usually trump state law. So sometimes it’s unclear whether a state divorce court can divide up a federal payment. However, in several recent cases, it was determined that federal payments could be split at divorce. A military retiree’s health insurance benefits can be split at divorce, the Alaska Supreme Court decided. That’s because of a federal law called the Uniformed Services Former Spouse Protection Act. Under that law, military retirement pay can be either individual property or marital property, depending
There’s no question that a child custody order in a divorce case can take the parents’ religion – and the children’s religious education and observance – into account. But a recent divorce case shows that a child custody order that goes too far in favor of one parent’s religion might not be okay. In this case, the husband wanted to raise his two children as Jews. A custody order allowed him to have the children on all Wednesday evenings and Sunday mornings so they could attend Jewish religious training, and also said that he could have custody on major Jewish