When spouses are going through a divorce, one thing that always must be addressed is property division. However, when one or both spouses own a business, or even have an interest in a business, property division can be much more complicated. A common question spouses ask is: Do I have to give my spouse part…
property division
Pet “Custody” and Divorce
In all families, pets are just as an important member of the family as anyone else. Unfortunately, the law has not caught up with this view. Therefore, when spouses divorce, “custody” of a pet is not treated on the same level, legally speaking, as custody of child. In child custody matters, the legal standard is…
Who gets the house in a divorce?
Q: I’m getting a divorce. Who gets the house when the divorce is finalized? A: The short answer is, it depends. There are many factors that must be considered in determining who gets to keep the marital home during a divorce. Q: What factors are considered in determining who gets the marital home in…
Property Division in a Divorce
Q: What is martial property? A: Massachusetts law has a very broad definition of marital property. It defines marital property as property owned by either or both spouses, whether acquired during the marriage, or prior to the marriage. This means that if property is in only one spouse’s name, or was bought before the marriage,…
Facebook, Twitter, and Other Social Media: A Party’s Best Friend or Worst Nightmare in Family Law
Any matter pending in a family court is emotional and difficult for both parties. There are all types of cases that are heard by family courts: divorces, child custody and visitation, child support, paternity, and many more types of cases. Within these types of case, many issues are addressed, such as property division, the income…
FAQ’s About Massachusetts Divorce Law
With the national divorce rate close to 50%, many spouses have questions about divorce and the legal process of divorce. Divorce laws from state to state. Here is a summary of Massachusetts divorce law and frequently asked questions about this topic. Q: Is there a legal separation in Massachusetts? A: There is no formal “legal…
Postnuptial Agreements
Dear Clients and Friends, Properly executed pre-nuptial agreements have been enforceable for sometime in the state of Massachusetts. These agreements are entered into between the couple before they are married to protect assets each party had at the time of marriage. Here are Amaral & Associates, P.C., we prepare pre-nuptial agreements on a regular basis…
Antenuptial Agreements: Setting the Tone for Compromise and Communication in the Marriage
A pre-nuptial agreement is a great test for a marriage and the couple’s ability to compromise on what will likely be recurring themes in the relationship. Relationships, like a prenuptial agreement, are full of compromise and negotiation. Two people entering into a marriage need to know how to have the difficult conversations and find fair…
PreNups: Myths v. Truths
There are several myths regarding Pre-Nuptial Agreements that prevent many couples from broaching the topic. Keep reading to find if a Pre-Nup is right for you! MYTH #1: ONLY PROTECT WEALTHIER SPOUSE False. Pre-Nuptial Agreements must be fair for both parties. If the Agreement is found to be unconscionable by the Judge, it will not…
Divorcing During Your Golden Years
Recently there has been an uptick in divorces amongst Baby Boomers. Given that Baby Boomers are now in their 60’s, a divorce involving Baby Boomers, or any older couple, is known as a gray divorce. Although a divorce for an older couple proceeds just like any other divorce does, there are certain factors that both…
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