Property Division In Divorce

Drafting Complete Property Settlements For Decades

At the Law Office of Kim-Marie Phelan, LLC, in Revere, we know how important it is to have a knowledgeable attorney on your side during a divorce. Property division is an area where this is absolutely true, because any missed detail could have significant and long-term effects.

We have more than 25 years of legal experience devoted almost entirely to family law. We have conducted numerous asset searches and drafted meticulous settlement agreements in Essex County and Middlesex County.

When you file for divorce, property division settlements can be agreed upon and approved by a judge or determined in court. It is vital that your property settlement is thorough and complete. Once the divorce has been finalized, you cannot modify the property settlement absent very limited exceptions or by mutual agreement.

Equitable Does Not Require Even Property Distribution

Massachusetts is an equitable property division state. Many people mistakenly believe that this means that they are automatically entitled to half of all of the property under the law.

While dividing the assets and liabilities evenly may be considered equitable in some situations, this is certainly not always the case. A judge may consider that a disproportionate division of the assets is equitable under your individual circumstances.

Factors that a judge may consider in this determination include:

  • The length of the marriage
  • The age and health of each spouse
  • Employment opportunities and earning capacity
  • Domestic contributions made by a spouse
  • Needs of dependent children
  • Spousal misconduct

Worried About Money? Initial Consultations Are Free

At our law firm, we want you to walk away from your divorce in the best possible financial situation. It all starts with a free initial consultation one-on-one with our experienced lawyer. Schedule your first meeting by calling us at 781-629-9341 or sending us an email.