Divorce Questions & Answers | Attorney Bruce Watson

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 […]

What is the difference between a fault and no-fault divorce?

In the Commonwealth of Massachusetts, the grounds for divorce depends on whether you decide on a no-fault or fault divorce. A no-fault divorce does not require parties to prove blame for the breakdown of the marriage. Either or both parties can file to begin the process for a no-fault divorce merely pleading that the marriage […]

I’ve been estranged from my husband and want to remarry. Will Massachusetts grant me a Bifurcated divorce?

Bifurcation of divorce allows spouses to become legally divorced before the divorce details have been finalized. The option to remarry is the most common use of bifurcation; however, some couples seek a bifurcation to distinguish between marriage or pre-marriage property. In states that permit bifurcation, the court will handle the end of the marriage separately […]

How do courts determine if relocation of a child to another state during a divorce is acceptable?

In situations where a custodial parent wishes to relocate with a child, the court will determine whether child custody relocation is in the best interests of the child. While a parent is free to relocate out of state themselves without the child or with the permission of the other parent to take the child, the […]

What is a ‘gray divorce’ and how is it different from the typical divorce?

A ‘gray divorce’ refers to a split that happens between an older husband and wife, often after many years of marriage. The ‘gray’ in ‘gray divorce’ refers to the color of the divorcing couple’s hair. With more and more couples over fifty, or even over sixty-five, choosing to part ways, the phenomenon has also earned […]

What Is Reckless Endangerment of a Child under Massachusetts Law?

Posted by Attorney Bruce Watson When applied to children, it’s putting a child in grave danger due to negligence of a particular act. In the state of Massachusetts, it usually works under two different legal scenarios. The first is the act of creating the risk, and the second is not doing anything to prevent that […]

How does the court divide property in a divorce in Massachusetts?

Posted by Attorney Bruce Watson The Massachusetts Probate & Family Court is required to consider so-called “Section 34” factors in fixing the nature and value of the property in determining the division of that property between the parties. Those factors are spelled out in Section 34 of Chapter 208 of the General Laws. The pertinent […]

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