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Questions

What is co-parenting, and how do we do it once we are divorced?

Co-parenting describes a parenting relationship in which the two parents of a child are not romantically involved but still assume joint responsibility for their child’s upbringing. The extent to which parents can effectively co-parent significantly impacts how children will adjust to the transitions associated with a separation or divorce. Parents are responsible for major-life decisions, like those concerning religion, discipline, finances, morality, recreation, physical health, education, and emergencies. Whether married or divorced, agreement on these matters can differ but should be discussed and made jointly. It’s not uncommon for parents to be uncooperative with one another during a divorce. This usually stems from hurt feelings or unresolved anger, grief, or sadness, but can make co-parenting frustrating. Try to avoid engaging in arguments that are better left in the past and resist participating in dead-end conversations that leave everyone frustrated. During a pending divorce, it’s beneficial to maintain records of all interactions with your spouse. Record if they are keeping their commitments to any original agreements regarding custody, visitation, appointments, and providing consistent positive messages to the children. Always remember that how you feel about your ex is less important than how you act toward them. Each parent has a right to privacy, and the only information that needs to be shared between co-parents is that pertaining to the children. Through the divorce process, you and your spouse will create a parenting plan to outline how you will perform co-parenting responsibilities and how you will handle and divide daily activities and

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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 decisions and handle the financial assets of an individual who is not able to do so. Where large amounts of money are involved, a conservator is usually appointed alongside a guardian. Often a guardian and conservator will work together to make sure the guardian has enough funds on hand to provide for the daily needs of the person under his or her protection while the conservator works to safeguard and grow that person’s assets. There are two forms of guardianship: guardianship of adults and guardianship of minors. Each has their own requirements and process for approval. Guardianship of Adults Under Massachusetts law, any concerned individual—or corporate party, for that matter—may apply to be the guardian of an adult who fits the criteria of an “incapacitated person” whose decision making is significantly affected by a diagnosed medical condition The guidelines for an incapacitated person include, but are not limited to someone with: a severe intellectual disability (an IQ of about 70) a severe traumatic brain injury (TBI) severe mental illness There are special situations, such as the cognitive decline of a spouse due to Alzheimer’s or the coming-of-age of a disabled child, that the court may

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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, will be covered by medical insurance. Massachusetts law does allow the dependent spouse to remain on the insured spouse’s private employer-sponsored group plan after divorce and legal separation. However, this only applies to insured plans. This is why it is important to understand the type of coverage fulfilled by a policy. For example, employer-sponsored group health plans may be either insured or self-insured. Insured health plan coverage is purchased from an insurance carrier or managed care organization (such as an HMO), by the employer. A self-insured (or self-funded) plan, on the other hand, places the financial risk for employee medical claims on the employee. If the obligor spouse has employer-sponsored group health insurance that will cover the other spouse, a court order will be necessary to continue coverage for the dependent/non-subscriber spouse. Under Massachusetts law, state insurance allows the dependent spouse to remain on the insured spouse’s private employer-sponsored group plan after divorce and legal separation. However, coverage typically ends when the obligor spouse remarries as plans generally will not allow the obligor spouse to cover both his new spouse and the dependent spouse. Coverage for the dependent spouse may also end when the dependent

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How to Get a Protective Order Against an Abusive Partner or Spouse

Domestic abuse is a serious and even life-threatening situation—and there are legal remedies to help survivors protect themselves, their children, and their property as they make the brave decision to escape an abusive situation and begin moving forward with their lives. One of the most important tools available to victims of domestic abuse is the restraining order. In Massachusetts, a restraining order is known as a an “Abuse Prevention Order” or a “209A Order.” This name refers to Chapter 209A of the Massachusetts legal code, entitled the Massachusetts Abuse Prevention Act, which defines domestic abuse. According to Chapter 209A, domestic abuse may be: 1. Physical violence 2. Attempts to harm with physical violence 3. Causing another person credible fear of serious harm 4. Coercing another person into sexual relations through physical force, the threat of force, or duress Acts of physical violence are themselves criminal offenses subject to prosecution in Massachusetts. While emotional and verbal abuse are not defined as crimes under Massachusetts law, they are recognized as common features of abusive situations and relationships. Financial abuse—the withholding of or control over a partner’s financial or material resources—is another feature of abusive situations. A 209A protective order may be filed for at any Massachusetts court—superior, general, or probate and family. If children are involved, though, only a county-level probate and family court can address visitation issues in a protective order. A protective order can require an abuser to cease abusive behavior, to avoid all contact with the protected party, to

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Does Massachusetts divide property equally between the spouses during a divorce?

Rather than divide marital property equally, the Commonwealth of Massachusetts’ family law code seeks to divide it equitably. Massachusetts defines “marital property” as any property—be it income, assets, real estate, or everyday items—that comes into possession of the couple or either of the spouses individually during the course of the marriage. This could include trade secrets, stock holdings, and artistic creations. For individuals of high net worth, or those who make their living by possessing valuable intellectual property, it is especially valuable to have a prenuptial agreement in place to keep this property separate from that held in common in the marriage. In deciding what is an “equitable” division of property, the court will consider a number of factors. These include if the divorce is no-fault or at-fault, the relative incomes of the parties involved, and the financial and emotional contributions made by each party during the marriage. If you are seeking to protect your hard-earned assets from someone who wants more than his or her fair share, or if your contributions to the marriage and household are being downplayed, call our office today to discuss your case. We’ll help you find peace of mind.

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I was married and last lived in Massachusetts with my spouse but do not live in Massachusetts now, can I get divorced in Massachusetts?

While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on how long you’ve resided outside of Massachusetts. While most states require you to be a resident before you may file divorce papers, the required length of residency varies per state. In most cases, it’s at least a minimum of six months. To file for divorce in the state of Massachusetts, one of the following must apply: You, or your estranged spouse, have lived in the state for a year, OR You lived with your spouse as a married couple in Massachusetts when your “grounds” for divorce happened. You should be aware that whatever court handles the initial divorce settlement has jurisdiction over all other residual issues such as child custody, child support, and any amendments to these arrangements. Because divorce laws can vary dramatically between the states, it is important to understand how residing in different locations may impact your right to marital property, child custody, alimony payments, and child support payments. Make sure to consult with a knowledgeable attorney before taking any action to avoid any filing issues. Contact our office to have your questions answered today.

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