When a marriage ends, the divorcing couple must decide how to divide the marital assets. Unless otherwise outlined in a pre-or post-nuptial agreement, all assets acquired during the marriage are considered marital assets under Massachusetts divorce law. This includes money as well as personal property, stocks, real estate, debt, and business interests. The division of […]
Can my 14-year-old decide to live with my ex?
As a divorcing parent battling over custody, there is always the fear that your child will decide they would rather live with the other parent. Even once custody has been determined, parents worry as children get older, they will want to move in with the other parent. Rest assured that minor children can’t make legal […]
Am I Allowed to Date if My Divorce is Pending?
Divorce can be a lengthy process, and for many divorcing couples, the marriage is over emotionally long before a divorce is legally pursued. It’s not uncommon for a spouse to consider dating while their divorce is pending. The short answer to the question ‘to date or not to date’ is that there is no law […]
My ex is refusing to pay court-ordered support. What can I do?
When a divorce is finalized, a divorce decree outlines essential information about the court’s decision. A divorce decree is an enforceable order by the court that both parties are legally mandated to follow. Items outlined can include payment of child support or spousal support, a transfer of property, or specific visitation schedules. Unfortunately, too often, […]
What is a Guardianship?
Guardianship is a legal arrangement that allows one party—whether that be a concerned individual, a lawyer, or even an organization—to make personal and legal decisions on behalf of an individual who is not fully capable of doing so himself or herself. This is in contrast to a conservatorship, which grants the right to make financial […]
Will I lose my health insurance coverage when my divorce is finalized?
Many families elect to have Group Insurance coverage under a single spouse provided by their employer. This means one spouse is the primary policyholder of a medical insurance plan, and the rest of the family is covered under that one plan. During a divorce, the question arises as to how the other spouse, and children, […]
Is it legal to videotape my spouse behaving badly (verbal or physical abuse, infidelity, etc) as evidence in a divorce case?
As thoughts turn towards divorce, tempers can flare and people may behave in ways they normally would not be proud of, even in a relatively amicable situation. Of course, the bad behavior of a spouse—ranging from neglect of household duties to infidelity to abusive actions—may well have begun long before the divorce, and may well […]
Do I need to follow divorce proceedings to dissolve a civil union in Massachusetts?
Massachusetts was the first state in the nation to declare that same-sex couples have a fundamental right to marry. Marriage is more than just a declaration of love and commitment; it’s a legal status. Generally speaking, marriage is desirable because it provides several unique rights, protections, and obligations at both the state and federal levels […]
Is Massachusetts a 50/50 state when it comes to the division of assets in a divorce
The Commonwealth of Massachusetts is not a 50/50 state. When a court is needed to rule on the allocation of assets, they are not necessarily divided equally between the two parties. While some states mandate a 50/50 split, Massachusetts is an equitable division state. Commonwealth laws dictate that the courts can decide on a fair […]
What is Collaborative Divorce?
More and more couples, facing divorce or legal separation, are already turning away from contentious court proceedings and long-lived litigation to legal mediation. Yet, there is a third option, separate from litigation and mediation: the collaborative divorce process. This method is only a few decades old, but it already boasts a worldwide network of legal […]