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Amaral & Associates, P.C. - Divorce, Family Law

Divorce Archives

Does My Spouse Have an Interest in My Business When We Divorce?

divorce and assets Divorce and business, divorce and business partners does my spouse have an interest in my business when we divorce? Does My Spouse Have an Interest in My Business When We Divorce? AdobeStock 125144041 2 1024x663 300x194In a divorce, money can be one of the biggest issues spouses fight over. However, when one (or both) spouses own a business, this can be an even more complicated (and sometimes uglier) fight. A common question business owners ask when they are going through a divorce is whether their spouse has an interest in the business. The short answer is yes, but it’s not as straightforward as you think.

Under Massachusetts law, all assets owned by spouses, regardless of whether or not they are joint assets, are marital assets. This can … Read More »



What Are the Differences Between an ARC Attorney, Guardian ad Litem and Parenting Coordinator?

what is the differences between an arc attorney, guardian ad litem and parenting coordinator? What Are the Differences Between an ARC Attorney, Guardian ad Litem and Parenting Coordinator? AdobeStock 169301913 2 1024x1024 300x300In high conflict custody cases in Massachusetts, there are many experts that can become involved in your case to help with the conflict and pending issues. The most common experts are Guardians ad Litem, Parenting Coordinators, and ARC Attorneys. However, many parents often confuse these roles. This article will explain what each role is and the difference between these types of experts.

Guardian ad Litem

A Guardian ad Litem (also known as a GAL) is one of the most common experts in a high conflict custody case. A GAL is typically appointed by the court to investigate the pending issues in the case. A Guardian ad Litem is either a mental health professional that works with divorced or … Read More »



Can I Date While My Divorce Is Pending?

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Health Insurance Coverage After a Divorce

Health Insurance Divorce health insurance and divorce Health Insurance Coverage After a Divorce AdobeStock 43200547 300x200It is not uncommon during a marriage for one spouse to be the primary policyholder of a medical insurance plan and the rest of the family to be covered under that one plan. Typically, the plan is offered through that spouse’s employer. However, when spouses file for divorce, the question arises as to how will the other spouse, and also the children, be covered by medical insurance.

In Massachusetts, there are laws that require the policyholder spouse to continue to provide coverage to the children, and also to the other spouse, so long as coverage to the other spouse is available. In the common situation where an insurance policy is provided through a group plan offered by the policyholder’s employer, then pursuant to Massachusetts General Laws chapter 175, Section 110I, … Read More »



Sound Reasons Why You Should Mediate Your Divorce.

sound reasons why you should mediate your divorce. Sound Reasons Why You Should Mediate Your Divorce. AdobeStock 85164378 300x225

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I have been a divorce attorney for over 25 years and a divorce mediator for almost as long. When a potential client asks me whether they should mediate their divorce or whether they should just get their own attorney and file for a contested divorce, I tell them the following. A contested divorce can last well over a year. In fact, in Massachusetts, the tracking order assigned to your contested divorce is for fourteen (14) months. Which means that the life span of a contested divorce can be as much as 14 months. During this time frame, the parties will exchange financial documents, attend numerous hearings on temporary orders in court, have a pre-trial hearing followed up by status conferences and then a trial if your case does not … Read More »



The Legal Status of Parent Coordinators in Massachusetts- An Update

Parenting coordinator Massachusetts parenting coordinator massachusetts The Legal Status of Parent Coordinators in Massachusetts- An Update AdobeStock 125271107 2 Copy 1024x683 1024x683

In 2014 we blogged about the legal status of Parent Coordinators in Massachusetts. The article was written just after the Supreme Judicial Court decided the case of Bower v. Bournay-Bower. However, since that decision came down in September 2014, a lot has changed.

For those who do not know what a Parenting Coordinator is, a Parenting Coordinator is a trained attorney or mental health professional who has a background in child custody and parenting time disputes assist parents to resolve and reach agreement concerning disagreements about co-parenting, custody, and the parenting schedule.

Parent Coordinators are commonly used in child custody and parenting matters in Massachusetts to facilitate resolving disputes between parents on issues relating children of divorce and children born out of wedlock. The Parent … Read More »



5 Essential Tips for Financial Planning After Divorce

divorce finances 5 essential tips for financial planning after divorce 5 Essential Tips for Financial Planning After Divorce divorce financesDivorce is about severing ties and starting over, at the same time. Having a financial plan can help secure your future and give you peace of mind, but this process isn’t without its challenges.

Related: ‘I’m Getting Divorced, and My Spouse Owns Part of My Company’

“You have to reassess everything,” says chartered financial analyst Robert Stammers, director of investor education for the CFA Institute. “Everything you do is built on a set of future goals, and these change when you get divorced. Your future goals aren’t going to be the same; they’re no longer in connection with someone else.”

While untangling your marital finances, then, think about how to fund the divorce along with your new life.

As Laura Pilz, financial advisor at Merrill Lynch Wealth Management, says, “One of the fundamental financial planning rules is that oftentimes, when people get divorced, they think they’re entitled to the life they’ve been living. What ‘divorce’ means is that you’ll get … Read More »



Creating New Holiday Traditions for Children After a Divorce

holiday’s and break ups, parenting plans, parenting Massachusetts, parentchildren and divorce, Christmas after divorce, co parenting after divorce, divorce and kids, divorce with children, holidays and divorce, holidays and breakups creating new holiday traditions for children after a divorce Creating New Holiday Traditions for Children After a Divorce AdobeStock 177883237 2 1024x683 1024x683

Divorce is difficult for anyone, but it can be especially difficult for children. Once parents decide to divorce, the children then have to face the reality of their parents no longer living under the same roof. This is a difficult transition for almost all children, but it can be especially difficult at the holidays. Parents should stress to their children that it is okay to enjoy the holidays during this difficult time—at both parent’s homes.

But to help children transition … Read More »



FAQ’s About Divorce in Massachusetts

Here are some common FAQ’s About Divorce in Massachusetts:

faq’s about divorce in massachusetts FAQ’s About Divorce in Massachusetts AdobeStock 38782036 2 1024x768 1024x768

Q: Should I file first for divorce?

A: The answer to this question is largely a case-specific answer.

The determination of value of assets, which goes to the equitable division of marital assets pursuant to M.G.L. c. 208 §34, is determined from the date of marriage to the date the Defendant was served. Thus, if the plaintiff intends on acquiring substantial assets in the future, it could be beneficial to file for divorce prior to acquiring these assets.

Additionally, should the divorce case go to trial, the Plaintiff has the right to present their case first, along with the right of rebuttal after the Defendant has presented his/her side of the case. Being able to be the party to … Read More »



The Benefits of Using a Divorce Coach

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