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Legal Separation Vs. Divorce In Massachusetts

The most obvious difference between divorce and separation is that a couple that is merely separated is still technically married to one another, and is not free to get married to someone else. When a divorce is final, and and any legally required waiting period has passed, a divorced person is able to remarry. What separation means legally differs depending on where…

How to Declare Your Income and Expenses on a Financial Statement During a Divorce

When you are getting a divorce in Massachusetts, it’s important that you fill out your financial statement correctly. This worksheet will be used to determine any alimony or child support payments, and provides the other party with a clear look at your financial status as you go through the divorce process. Separate But Equal Homes If you have children, the point of…

What happens if divorced parents disagree on a guardian for their child?

Usually when the first parent passes away, that parent will not have a say in who will be in charge of raising the child.  In most cases, the surviving parent will take custody.  Exceptions to this would be if the parent has a history of abuse, if the parent doesn’t want custody of the child, or if the parent is in prison. …

Divorce and Inherited Assets

“What’s going to happen to our stuff?” Understandably, that’s one of the first questions we field from new family law clients. Property is important, valuable, and sentimental — and one of our major goals in every case we handle is protecting the property interests of the people we serve. Inheritance is a rather tricky issue in divorce because the Massachusetts courts aren’t…

Alienation of Affection

Alienation of affection lawsuits are among the most talked-about topics in family law, not only because they occasionally involve soap opera-like fact patterns but also because they’re rather ancient to modern society’s way of thinking. But where do they stand in Massachusetts today, legally speaking? Under the old common law system, a person whose spouse had an affair could file a civil…

Irretrievable Breakdown of Marriage

Irretrievable Breakdown

When celebrities divorce, we often hear about “irreconcilable differences.” That’s a formal legal term that basically means two married people simply can’t get along anymore — at least not as husband and wife. Why do divorcing couples feel the need to let everyone know about their irreconcilable differences? Actually, the term exists (in part) as a way to avoid delving into a lot…

Grounds for Divorce in Massachusetts: Fault or No Fault?

Couples divorce for all kinds of reasons. Some petitions are due to very serious issues, which may include physical abuse, drug or alcohol addiction, or infidelity. More commonly, though, parties don’t get into nitty-gritty specifics when making their initial filing with the court. In fact, most of the proceedings in our state simply cite an irretrievable breakdown (i.e. just not being in…

Difference Between Marital and Non-Marital Property

Many people assume that all property and assets that you accumulated before the marriage is automatically separate and therefore “non-marital” property.  As a logical extension of that, property and assets that are accumulated during the marriage is assumed to be “marital.”  Unfortunately in Massachusetts, that is not the case and that is not the law. Absent a prenuptial agreement which would designate…

How To Get an Annulment in MA

You may qualify for an annulment if you can show one or more of the following: You entered the marriage in good faith, but at the time of the marriage, you were induced to enter into the marriage through fraud perpetrated by your spouse The marriage is void by reason of incest, consanguinity, affinity, or polygamy Either you or your spouse did…

How Will Property Be Divided?

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The Probate and Family Court can only issue Judgments to divide property in divorce cases.