When divorcing, dividing assets can be a tedious process. Generally, both spouses are entitled to income earned during a marriage. This money is considered marital property and is subject to equitable division. However, in Massachusetts, property can also be considered separate property. Under separate property designation, assets owned before the marriage typically go to the spouse who previously owned the
A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto parent resides with the child
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 decisions, such as where they
Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments
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, parties neglect or elect to
My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough? The is almost always going to be “get it in writing.” While you may have the most
Even in the best of circumstances, divorce can be difficult for children. Children are often resistant to change: adapting to new schedules and surroundings, learning to live with one parent at a time, and getting along with possible new stepsiblings or half-siblings are all big changes, ones which can challenge a child’s developing social skills and coping mechanisms. However, many,
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 the names of ‘silver splitter’
Attorney Answer: The divorce process can oftentimes prove to be a long and drawn out process especially when it is filed as a contested divorce under Massachusetts’ contested divorce statute. Delay in the process is common when there are highly contested issues regarding child custody, child support, alimony, and/or division of the marital assets etc. When parties cannot come to
Additional Info: I recently lost my job and can no longer pay my weekly child support obligation. Can I just stop paying support to my ex-spouse? Attorney Answer: NO! You are obligated to follow the exact terms of all Court Orders. If there has been a material change in circumstances and you are no longer able to comply with any
When divorcing, dividing assets can be a tedious process. Generally, both spouses are entitled to income earned during a marriage. This money is considered marital property and is subject to equitable division. However, in Massachusetts, property can also be considered separate property. Under separate property designation, assets owned before the marriage typically go to the spouse who previously owned the
A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto parent resides with the child
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 decisions, such as where they
Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments
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, parties neglect or elect to
My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough? The is almost always going to be “get it in writing.” While you may have the most
Even in the best of circumstances, divorce can be difficult for children. Children are often resistant to change: adapting to new schedules and surroundings, learning to live with one parent at a time, and getting along with possible new stepsiblings or half-siblings are all big changes, ones which can challenge a child’s developing social skills and coping mechanisms. However, many,
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 the names of ‘silver splitter’
Attorney Answer: The divorce process can oftentimes prove to be a long and drawn out process especially when it is filed as a contested divorce under Massachusetts’ contested divorce statute. Delay in the process is common when there are highly contested issues regarding child custody, child support, alimony, and/or division of the marital assets etc. When parties cannot come to
Additional Info: I recently lost my job and can no longer pay my weekly child support obligation. Can I just stop paying support to my ex-spouse? Attorney Answer: NO! You are obligated to follow the exact terms of all Court Orders. If there has been a material change in circumstances and you are no longer able to comply with any
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