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What is a Separation Agreement and what goes in it?

A Separation Agreement, contrary to its name, is not an agreement to separate.  It should be more appropriately called a Divorce Agreement since it is the final product of an uncontested divorce or a contested divorce that has been resolved through settlement and negotiations. A Separation Agreement is a contract binding on both parties to a divorce.  It instructs the parties on…

How to file for a Contested Divorce in Boston?

If the parties cannot cooperate in order to file for an Uncontested Divorce, then the only other option is to file for a Contested Divorce.  A contested divorce is when one party files for a divorce and starts a law suit against the other party. A contested divorce starts with the filing of a Complaint for Divorce.  After you pay the court…

Is a One Day Divorce Possible in Massachusetts?

Yes and no. The fastest way to get a divorce is if both parties agree to everything and there are no disputes.  If that’s the case, then the parties can file an uncontested divorce.  Depending on which Probate and Family Court you’re filing in, will determine how fast your uncontested divorce can proceed. Every Probate and Family Court in the Commonwealth with…

How long does it take to get a hearing date in court in Massachusetts?

The length of time to get a hearing date in Probate and Family Court depends on a few factors.  It depends on: Who your judge is What type of hearing you’re requesting What county court your case is located Each judge in Probate and Family Court controls their own calendar.  So depending on the judge’s availability is when you can get a…

How Do I Get Legally Separated in Massachusetts?

People often call our offices to discuss legal separation rather than ending a marriage.  People’s reasons for seeking to take this intermediary step vary.  Sometimes, they are familiar with the divorce laws of another jurisdiction, that require someone to be legally separated for some period of time before they can seek divorce.  For instance, Ireland requires people to be legally separated for…

Why Does My Lawyer Call Opposing Counsel “brother” or “sister” in court?

You might hear your lawyer often refer to opposing counsel in court as “brother” or “sister”.  This does not mean they are biologically brothers and sisters.  It is polite and customary for lawyers to address fellow members of the bar as brothers or sisters of the bar.  It is done out of respect rather than a formal rule. So the next time…

Massachusetts Supreme Court Recognizes Vermont Civil Union Similar to Marriage

Massachusetts Supreme Judicial Court (highest court in the Commonwealth) recognized today that a Vermont Civil Union should be treated as equivalent to a marriage in Massachusetts. This case came about when two gay men married in Massachusetts in 2005.  Several years later, when one of them filed for a divorce, he found out that the other had previously entered into a civil…

How do you fill out a Financial Statement for a Massachusetts Divorce?

Any time there is a dispute or issue in a Probate and Family Court, the court requires that a complete and up-to-date financial statement be submitted.  Many people think that this is no big deal and leave it until the day of court to fill it out.  That would be a mistake.  The court relies on the financial statement to calculate child…

Massachusetts is NOT a 50/50 State

I am surprised at how often I hear both clients and attorneys tell me that in Massachusetts, when couples divorce, everything is split 50/50.  That is simply not true in Massachusetts.  Splitting everything 50/50 is more akin to community property states such as California.  Let’s break down that sentence and examine it: Everything is split 50/50 The bolded text “everything” is correct…

Tax Consequences of Property Transfer in Divorce

Many of my clients are worried about two issues when it comes to transferring property pursuant to a divorce.  They’re worried either about their house (real property) or their retirement accounts. Transfer of Real Property During the marriage, spouses can transfer unlimited money and assets between themselves – tax free.  There is no transfer or capital gains tax on transfers between spouses….