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Family Law Myths Exposed

Anyone who’s had a matter in the Probate and Family Court in Massachusetts knows that you spend a lot of time waiting around the courthouse to be heard.  Being a Divorce Attorney, I often find myself sitting in the hallways of the courthouse waiting.  In these hours of waiting, I often hear unrepresented parties discussing their legal matters and I’ve come to…

How Does SSDI Affect My Child Support Order?

If you have recently become eligible for SSDI (Social Security Disability Insurance), it is likely that your minor child is also receiving a “Dependency Benefit”:  his or her own monthly benefit from the Social Security Administration (SSA).  The question is how this will affect your financial obligation in terms of child support?  In the Commonwealth of Massachusetts, it can make a big…

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….