Indian (from India) Marriage and Divorce
A large portion of my divorce clients either come from India or were married in India. And a large portion of those clients wishing to get a divorce was paired in an arranged marriage. Sometimes the other spouse is here in the United States through a visa and sometimes they’ve already gone back to India or were never here in the first…
When do break-ups (divorces) happen the most?
According to facebook status updates, break ups happen mostly around spring breaks and the months leading up to Christmas. [via Business Insider]
Child Custody in Military Families
I read a recent Yahoo! News article about the challenges that military families have when dealing with a parent (or both parents) deploy overseas. It’s extremely hard on the single parent left behind and it’s extremely hard on the children. In addition to the possibility of deployment, military members often get reassigned, involuntarily, to other locations. Fortunately, if the serviceman is married…
What is the Role of a Guardian Ad Litem in a Divorce case?
A Guardian ad Litem (GAL) is a latin term meaning “Guardian for the lawsuit.” A GAL is a person, a social worker or an attorney, who is appointed by the court in a divorce or child custody case in order to investigate and gather evidence for the judge. Judges here in Massachusetts, presiding over a divorce case, cannot leave the courtroom and…
Can I modify a property distribution after divorce?
You’ve gotten a divorce and both you and your ex-spouse walked away with a division of property. Now, for whatever reason, you want to modify that agreement to get more of the marital assets. Can you do it? It depends. For the most part, the answer is no. A property division is final and cannot be modified except if there was mistake,…
10 traps to avoid in your Separation Agreement
The Separation Agreement in a divorce is arguably the most important document since it governs the conduct and responsibilities of the parties after their divorce. It is a contract and is enforceable by the courts. Things to Avoid in a Separation Agreement Make sure you understand the “Incorporation and Merger” clause of the Separation Agreement. If the Separation Agreement does not merge into…
What happens after the final divorce hearing?
In an uncontested divorce (Joint Petition for Divorce or 1A), after the judge grants a divorce at the final hearing, the court will issue a Findings and Order along with a Judgment of Divorce Nisi after 30 days. The Judgment of Divorce Nisi is the judgment from the court granting your divorce. The Judgment however is not valid until 90 days after….
Information to bring to your divorce consultation
You’re ready to get a divorce and you’ve gone as far as setting up a consultation with a divorce attorney. These are a short list of items you should bring with you to your initial consultation with a divorce lawyer. Doing so will make it easier for the attorney to access marital property and give you a good idea as to what…
It’s illegal to live together after divorce!
That’s right folks. It is illegal in the Commonwealth of Massachusetts to continue to live or reside together after a husband and wife (or a same-sex couple) obtains a divorce from the probate and family courts. It is considered adultery and as I wrote a few months back, adultery is illegal in Massachusetts. In light of the recession and having personally represented…
What to do with a house that’s under water in a divorce
You’re divorcing and you need to sell your house that you own jointly with your spouse but with the recession, your house is now worth less than the mortgage that you have on it. You’re under water. You’re upside down on your mortgage. Whatever you call it, you’re stuck and don’t know what to do. Well, here are your choices: 1) Stay…