Divorce

The Massachusetts Divorce Process: Know Your Options

The decision to file for divorce is never easy. When the determination has been made, it’s essential to understand the process, which varies by state. To begin the divorce process in the Commonwealth of Massachusetts, here are a few things to consider. To file for divorce in Massachusetts, one of the following must apply: (1) you have lived in the state for one year, or (2) the reason the marriage ended happened in Massachusetts, and you have lived in Massachusetts as a couple. Massachusetts allows a divorce to be filed as ‘no-fault’ or ‘fault,’ and either of these can be contested or uncontested. A no-fault divorce is called an “Irretrievable

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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

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Don’t Fall Victim to Hidden Assets During Divorce

When it comes to divorce in Massachusetts, everything related to finances must be fully disclosed. This includes every single asset, purchased together or otherwise, as well as all accumulated debts. Each spouse is instructed to report known findings through a financial affidavit. It is against the law to purposely hide, understate, or overstate assets, as well as any marital property, debt, income, or expense. In extreme cases, this can potentially lead to the withholding party being sentenced to serve time in jail. If you suspect your spouse of attempting to hide assets, it’s imperative to retain a divorce lawyer who has significant experience discovering hidden or undervalued assets. A top-notch

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Divorce Facts Every Massachusetts Couple Should Know

Whether you’re anticipating a separation or contemplating divorce, you should know some key information regarding divorce in Massachusetts. Reasons for Divorce There are several permitted grounds for divorce under Massachusetts law. Traditional fault grounds—such as adultery or incarceration—as well as no-fault grounds, are justifiable means for divorce. No-fault grounds describe a faultless but irretrievable breakdown of the marriage. Support Payments Spousal support or alimony payments are the obligations of one spouse to support the other financially for a temporary or permanent basis. Not all divorce cases will involve spousal support ruling and are determined on a case-by-case basis. A number of factors are taken into consideration when awarding alimony, including

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Divorce Modification in Massachusetts

Once a divorce is finalized, the documents are filed with the courts. However, life is unpredictable and circumstances can change over time. In Massachusetts, if an earlier court order or judgment no longer suits the parties because circumstances have changed in a significant way since the order or judgment was issued, the court can “modify” the prior order or judgment. Cases where a modification might be appropriate include those where the children are significantly older than at the time when the last child support order was issued, or where a person ordered to pay alimony has retired and now has a substantially smaller income than at the time he or

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Common Myths in Massachusetts Family Law Every Parent Should Know

When it comes to divorcing and family law, things get complicated quickly. It’s essential to know your rights regarding your children. Presented here are some common myths every parent should be made aware of during divorce or custody proceedings. Myth: A parent’s failure to pay child support can result in the parent being kept from seeing the children Only a judge can determine visitation rights. If a parent fails to pay child support, the other parent is not automatically given the right to withhold visitation. The Court’s orders for visitation cannot be ignored simply because the child support account is two months or even two years delinquent. Myth: If a

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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

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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 be the reason for it. In seeking a favorable divorce settlement, one that compensates you for violations of the marriage contract and shields you from your spouse’s ongoing bad behavior, you will want to have evidence to bolster your claims. In a world of smart phones, where everyone has both a video camera and a

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Holiday Custody

The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents, or happily mixed step-families might experience some tension and conflict around this time of the year. Given the stress of preparing for holidays, and the emotions invested in family celebrations, it is more important than ever for there to be good channels of communication about scheduling. When child custody agreements are involved, communication is even

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

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 may be have the same current value and/or balance, the account value for purposes of a division of assets, may vary based upon the nature of the account in question. For instance when dividing retirement assets, as opposed to more liquid assets such as bank accounts, any withdrawals made will be taxed to the transferor absent a properly prepared Qualified Domestic Relations Order being entered by the Court. Regarding real estate

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