Don’t Be Blindsided By The Division of Marital Property in Your Divorce

Many people fail to realize divorce requires more than simply signing a few documents. If you’re divorcing in Massachusetts, don’t be blindsided by the many decisions you’re about to face regarding the division of your marital property. Not all property is valued or taxed in the same way; therefore, the process can be long and confusing without the help of a knowledgeable attorney at your side. It’s important to consider that even though different financial accounts are valued at the same amount, the account owner may receive different withdraw amounts. This is because withdrawals will not be taxed in the
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Asset Division in a Divorce

Divorce is as much a financial shock as it is an emotional one. Alimony and child support may take a substantial out of your monthly paycheck. The paying spouse may think that the amount they are paying seems unfair or extremely high while the receiving spouse feels it is not fair or extremely insufficient. The reality is that there is never as much money after a divorce because it is the same gross income of the parties to support two households instead of one. Whether you were the primary wage earner or if your income is much smaller than your
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What is the difference between a fault and no-fault divorce?

Under the law, a divorce is the legal process for dissolving or ending a marriage. In the Commonwealth of Massachusetts, the grounds for divorce are either based on fault grounds or as a no-fault divorce. A no-fault divorce does not require parties to prove blame for the breakdown of the marriage. Neither party is determined to be at fault. A no-fault divorce is based on an irretrievable breakdown of the marital relationship. This is the legal phrase that shows that a marriage is broken beyond repair and there is no possibility of reconciliation. Either or both parties can file to
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Alimony Tax Deduction: Time is Running Out!

Alimony is the legal term for spousal support separate and apart from any child support order. Alimony can be Ordered under Massachusetts General Laws Chapter 208, Sections 34 and 48 – 55. There are different types of alimony known as rehabilitative alimony, reimbursement alimony and general term alimony. Rehabilitative alimony is a short-term length payment designed to help a spouse get on his or her financial feet after a divorce. Reimbursement alimony is when one spouse has paid to put the other spouse through school or job training program and that spouse seeks a divorce once they make it through
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What are the benefits of choosing mediation over litigation in a divorce?

When many people think of divorce, custody battles, endless legal filings, and costly court proceedings come to mind. The whole divorce process can seem more daunting, and perhaps even more painful, than the emotional aspects of a marriage’s dissolution. But what if there was another way? Another, more humane, more gentle, less expensive way to handle the dissolution of a marriage? There is: mediation. Not every divorce has to be a highly contested litigious “War of the Roses” situation. Mediation is typically less stressful and less expensive than a divorce trial, and it usually proceeds much faster. Because you and
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Understanding the Essentials of Annulment in Massachusetts

Massachusetts is a no-fault divorce state which means that as long as you show that the marital relationship is over, you can obtain a divorce. For some people, however, there are religious or social beliefs that may result in a need for an annulment.  A legal annulment is different than a religious annulment and are not connected. Often, people have clauses in their divorce agreement that neither party will oppose a religious annulment or religious divorce.  Legally, the difference between the two is that a divorce will end a marriage whereas an annulment determines there never was a legal marriage
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Pets and Divorce: Custody or Property?

Do you think worrying about what happens to a dog or cat, when there is a divorce, is silly? Probably not if you are a pet lover. When a couple decides to divorce, the question of who gets the pets is very common. Pet lovers do not buy an animal, they adopt a family member. However, while the law focuses on the best interests of human children, pets are legally defined as personal property. Therefore, Courts tend to work under this strict interpretation. Under the law, asking for custody or visitation rights for pets is along the lines of asking for those rights
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Is Collaborative Law Right For Your Divorce

The emotional repercussions of the breakdown of a marriage make divorce one of the most complicated of all legal processes. However, complicated court appearances and stressful litigation are not always necessary. For those that are seeking a more respectful method of resolving the issues and want settle outside of court, collaborative law is an excellent option. The Collaborative Law process sets rules, boundaries and guidelines to assist families in reaching a resolution that meets the needs of everyone. There are many experienced attorneys throughout the state of Massachusetts that are collaboratively trained to assist individuals in this regard. What is
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How to Handle False Allegations During Child Custody & Divorce

It seems like everyone knows a story about false allegations during child custody and divorce. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and exclusive use of the family home. The accused parent then must defend themselves in court and prove these allegations false. While false accusations are a legal mess, it is also terrible to have someone who you once shared a life make claims of either abuse or neglect. It is something
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