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Divorcing Someone Who is in Prison

Divorcing Someone Who is in Prison

If your spouse is currently incarcerated, and you want to file for divorce, you should talk with an experienced Boston divorce attorney. There are many issues you have to consider when seeking to end a marriage with someone who cannot freely pick up the phone to call a lawyer or show up to court.  That does not mean you have to stay…

Factors to Consider When Divorcing a Spouse with a Disability

Leaving a Disabled Spouse

The breakdown of a marriage is never easy. When you consider separating from your spouse or filing for divorce, there are many things to consider, including each person’s finances and sharing custody of the children. If you are contemplating leaving a spouse who has a disability, the situation may be even more complicated. Your spouse may rely heavily on your income or…

Common Law Marriage & Divorce in Massachusetts

Common Law Marriage & Divorce in Massachusetts

A common law marriage is a type of union that occurs once several requirements are met between two individuals residing in a state that recognizes common law marriage. Common law marriages are performed without any state formality (such as license) or a formal ceremony. While common law marriage is not available under Massachusetts law, a common law marriage must be recognized by…

Spring Break & Divorce

Spring Break & Divorce

When you and your spouse decide to divorce, you know you’re going to have to tackle tough issues. One of the toughest is sharing custody of your children. Having your children divide time between your homes becomes especially difficult during school holidays and vacations. With spring break approaching, you and your children’s other parent need to communicate and decide how to handle…

How to Handle Rental Property During Divorce

In any divorce, the division of assets can be a thorny issue. Massachusetts is not a community property state. As a result, all property (both premarital and marital) is subject to division by the court in a divorce. In Massachusetts, the division of assets must be “equitable.”  This means that the assets must be divided in a way that is fair —…

Marital Success: Why Massachusetts Has One of the Lowest Divorce Rates in the Country

Marriage. It’s a simple concept, in theory. Two people who love each other make a commitment, say some vows, sign a paper, and prepare to live happily ever after in marital bliss. Unfortunately, it’s not that simple. The introduction of stressors (children, job changes/loss, the death of parents, financial struggles, medical issues, accidents, etc.) takes a toll on relationships. As a result,…

What to Know Before You Finally File for Divorce

Filing for divorce is a difficult decision that often follows many months or years of problems in a marriage. Most couples do not take divorce lightly, and you’ve likely given it significant thought. In Massachusetts, you may file for divorce if you’ve been living in the state for at least one year. You also can file if the reason for the marriage…

Should I File for Divorce Then Move Out or Vice-Versa?

A common question surrounding divorce involves timing a move from the family home. This is more of a personal question than a legal one–although moving out too soon can leave you and your property interests vulnerable. There are situations, like abuse, where leaving is the only way to preserve your safety. Other times, if you and your spouse came to divorce by…

Infidelity and Divorce

According to Massachusetts law, “a married person who has sexual intercourse with a person not his spouse” has committed a crime and is subject to imprisonment for up to three years and a $500 fine. Although the last prosecution for adultery was in 1983, the commonwealth still lists adultery as a crime and also as a reason for a divorce. While statistics…

How to Respond to Divorce Papers

When one party seeks a divorce from the other, the process starts with the defendant being served legal documents providing notification of the divorce request. If you are receiving these documents, you are considered the defendant in the case. It means that your spouse has taken the step to request a dissolution of the marriage. This document can be a shock to…