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….
What marriage should mean
I’ve been posting a lot here recently about marriage despite this being a blog about divorce. But obviously divorce and marriage is related. As a divorce attorney, I don’t celebrate at the final divorce hearing when my clients get a divorce. My job is a necessary evil. Divorce happens and it is the role of the divorce attorney to help lay a…
Should Anonymous Sperm Donors Pay Child Support?
In a novel case that’s being heard by the Court of Appeals here in Massachusetts, a woman who had 2 daughters through artificial insemination is demanding that her anonymous sperm donor’s identity be revealed so that she could establish paternity, child support and obtain medical information. The case is on appeal from Boston, Suffolk County probate court. [article here] Sperm banks’ list…