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FAQ’s About Divorce in Massachusetts

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

 

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 present his/her case first at trial can set the tone of the trial, and leave an impression on the judge.

 

However, divorce is also a very emotional and personal decision. If you believe that you are not emotionally ready to file for divorce, or that the marriage may still … Read More »



The Benefits of Using a Divorce Coach

Divorce Massachusetts, Divorce Mass., Divorce Suffolk County, Divorce Middlesex County, Divorce Essex County, Divorce Norfolk County, Divorce Boston, Divorce Winthrop, Divorce East Boston, Divorce Revere, Divorce Danvers, Divorce Lynnfield, Divorce Marblehead, Divorce Swampscott, Divorce Nahant, Divorce Peabody, Divorce Salem, Divorce Saugus, Divorce Arlington, Divorce Belmont, Divorce Burlington, Divorce Cambridge, Divorce Everett, Divorce Malden, Divorce Medford, Divorce Melrose, Divorce North Reading, Divorce Reading, Divorce Somerville, Divorce Stoneham, Divorce Wakefield, Divorce Watertown, Divorce Wilmington, Divorce Winchester, Divorce Woburn, Divorce Brookline, Divorce Braintree, Divorce Milton, Divorce Quincy, Divorce ChelseaThe divorce process can be a time of intense emotions ranging from feelings of loss, betrayal, shock, impatience and many others. It is important for individuals to have someone to rely on, who can help them manage all of their fears and critical decisions that need to be made. A certified divorce coach can be a valuable asset who can help clients modulate their feelings to see past the emotions, in working on divorce issues with their attorney. By being a thinking partner, a divorce coach can help clients be better organized for the process and work … Read More »



Types of Child Custody in Massachusetts

Child Custody Massachusetts, Child Custody Mass., Child Custody Suffolk County, Child Custody Middlesex County, Child Custody Essex County, Child Custody Norfolk County, Child Custody Boston, Child Custody Winthrop, Child Custody East Boston, Child Custody Revere, Child Custody Danvers, Child Custody Lynnfield, Child Custody Marblehead, Child Custody Swampscott, Child Custody Nahant, Child Custody Peabody, Child Custody Salem, Child Custody Saugus, Child Custody Arlington, Child Custody Belmont, Child Custody Burlington, Child Custody Cambridge, Child Custody Everett, Child Custody Malden, Child Custody Medford, Child Custody Melrose, Child Custody North Reading, Child Custody Reading, Child Custody Somerville, Child Custody Stoneham, Child Custody Wakefield, Child Custody Watertown, Child Custody Wilmington, Child Custody Winchester, Child Custody Woburn, Child Custody Brookline, Child Custody Braintree, Child Custody Milton, Child Custody Quincy, Child Custody ChelseaIn Massachusetts, like most other states, there are two types of child custody. The first is legal custody and the other is physical custody.

 

Legal custody is the “decision making” custody. The parent or parents who have legal custody of a child have the authority to make decisions regarding the child’s care and upbringing, such as … Read More »



When Can a Parent Receive a Retroactive Credit on Child Support?

Child Support Massachusetts, Child Support Mass., Child Support Suffolk County, Child Support Middlesex County, Child Support Essex County, Child Support Norfolk County, Child Support Boston, Child Support Winthrop, Child Support East Boston, Child Support Revere, Child Support Danvers, Child Support Lynnfield, Child Support Marblehead, Child Support Swampscott, Child Support Nahant, Child Support Peabody, Child Support Salem, Child Support Saugus, Child Support Arlington, Child Support Belmont, Child Support Burlington, Child Support Cambridge, Child Support Everett, Child Support Malden, Child Support Medford, Child Support Melrose, Child Support North Reading, Child Support Reading, Child Support Somerville, Child Support Stoneham, Child Support Wakefield, Child Support Watertown, Child Support Wilmington, Child Support Winchester, Child Support Woburn, Child Support Brookline, Child Support Braintree, Child Support Milton, Child Support Quincy, Child Support Chelsea, Child Support Modification Massachusetts, Child Support Modification Mass., Child Support Modification Suffolk County, Child Support Modification Middlesex County, Child Support Modification Essex County, Child Support Modification Norfolk County, Child Support Modification Boston, Child Support Modification Winthrop, Child Support Modification East Boston, Child Support Modification Revere, Child Support Modification Danvers, Child Support Modification Lynnfield, Child Support Modification Marblehead, Child Support Modification Swampscott, Child Support Modification Nahant, Child Support Modification Peabody, … <a href= Read More »



The New 2017 Massachusetts Child Support Guidelines: What’s New? What’s the Same?

Child Support Massachusetts, Child Support Mass., Child Support Suffolk County, Child Support Middlesex County, Child Support Essex County, Child Support Norfolk County, Child Support Boston, Child Support Winthrop, Child Support East Boston, Child Support Revere, Child Support Danvers, Child Support Lynnfield, Child Support Marblehead, Child Support Swampscott, Child Support Nahant, Child Support Peabody, Child Support Salem, Child Support Saugus, Child Support Arlington, Child Support Belmont, Child Support Burlington, Child Support Cambridge, Child Support Everett, Child Support Malden, Child Support Medford, Child Support Melrose, Child Support North Reading, Child Support Reading, Child Support Somerville, Child Support Stoneham, Child Support Wakefield, Child Support Watertown, Child Support Wilmington, Child Support Winchester, Child Support Woburn, Child Support Brookline, Child Support Braintree, Child Support Milton, Child Support Quincy, Child Support ChelseaThe Trial Court of Massachusetts issued new Child Support Guidelines, which took effect last week on September 15th. There are many changes to the new Guidelines, but also a lot of things stayed the same. This article will explain the changes to the new Guidelines, but what also stayed the same compared to the 2013 Child Support … Read More »



The Benefits of Settling Your Divorce or Family Law Case Outside of Court

Divorce Massachusetts, Divorce Mass., Divorce Suffolk County, Divorce Middlesex County, Divorce Essex County, Divorce Norfolk County, Divorce Boston, Divorce Winthrop, Divorce East Boston, Divorce Revere, Divorce Danvers, Divorce Lynnfield, Divorce Marblehead, Divorce Swampscott, Divorce Nahant, Divorce Peabody, Divorce Salem, Divorce Saugus, Divorce Arlington, Divorce Belmont, Divorce Burlington, Divorce Cambridge, Divorce Everett, Divorce Malden, Divorce Medford, Divorce Melrose, Divorce North Reading, Divorce Reading, Divorce Somerville, Divorce Stoneham, Divorce Wakefield, Divorce Watertown, Divorce Wilmington, Divorce Winchester, Divorce Woburn, Divorce Brookline, Divorce Braintree, Divorce Milton, Divorce Quincy, Divorce ChelseaAll divorce and family law cases are stressful and emotional. Sometimes the first instinct of parents and spouses is to tell their ex “See you in court.” Although it can be emotionally satisfying to have your day in court and have your case heard by a Probate and Family Court judge, it may not be beneficial to you or your children.

 

Probate and Family Court judges all have very large dockets and caseloads. Each judge tries to give an adequate amount of time to each case, but given the backlog within the courts, this is not … Read More »



Can Alimony Last Past the Scheduled Termination Date?

Alimony Massachusetts, Alimony Mass., Alimony Suffolk County, Alimony Middlesex County, Alimony Essex County, Alimony Norfolk County, Alimony Boston, Alimony Winthrop, Alimony East Boston, Alimony Revere, Alimony Danvers, Alimony Lynnfield, Alimony Marblehead, Alimony Swampscott, Alimony Nahant, Alimony Peabody, Alimony Salem, Alimony Saugus, Alimony Arlington, Alimony Belmont, Alimony Burlington, Alimony Cambridge, Alimony Everett, Alimony Malden, Alimony Medford, Alimony Melrose, Alimony North Reading, Alimony Reading, Alimony Somerville, Alimony Stoneham, Alimony Wakefield, Alimony Watertown, Alimony Wilmington, Alimony Winchester, Alimony Woburn, Alimony Brookline, Alimony Braintree, Alimony Milton, Alimony Quincy, Alimony Chelsea, alimony modification, , alimony reform act, alimony termination, When the Alimony Reform Act was enacted in 2011, it provided for set termination dates of General Term Alimony, which is the most common type of alimony in Massachusetts. Under the statute, M.G.L. c. 208 §49(b), General Term Alimony will terminate after a certain period of time, depending on how long a couple was married. The termination date is calculated as follows:

 

Length of Marriage How Long Will Alimony Last 0-5 years No more than 50% of the total number of months from the date of marriage … Read More »



The Benefits of Engaging a Parenting Coordinator

The Benefits of Engaging a Parenting CoordinatorA Parent Coordinator is a Family Law Attorney or mental health professional who works with families relating to child custody and parenting time, whereby the Parent Coordinator assists 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 as a way to resolve disputes without going to court. The Parent Coordinator typically acts as a referee to rule on any disputes, or works more like a mediator to help the parents negotiate and resolve any dispute.

 

Some parents look at Parent Coordinators as someone who is a referee and quasi-judge who decides which parent “wins” or “loses” specific disputes regarding co-parenting. Rather, a parenting coordinator is more like a mediator, who helps both parents work through a dispute and come to a relatively amicable resolution without the need for going back to court. This reduces the time needed to resolve the dispute (since it can be done privately and out of court), and can help preserve the … Read More »



Financial Planning For and During a Divorce

What are the legal fees of divorce?A divorce brings about many changes in a person’s life. One of the most significant changes is the financial impact of a divorce. Spouses go from having a combined household with (usually) two separate incomes, to living apart, and supporting themselves on their own. If you are contemplating a divorce, or have already filed for divorce, there are different actions you can take to plan for your own financial future after a divorce.

 

Create a Budget:

Review your household expenses to see what your weekly/monthly expenses come out to. In addition to including the usual expenses (i.e. mortgage/rent, utilities, heat, cable TV, telephone, groceries, clothing, etc.), don’t forget to include other typical expenses, such as uninsured medical expenses, motor vehicle expenses, child care, vacation and entertainment, education costs for yourself and your children.

Once you have your budget, look at what your income is, and what it is likely to be at the end of the divorce. Don’t forget to factor in any alimony and/or child support that you may be paying or … Read More »



Is Divorce Mediation Right for You?

There are many benefits to divorce mediation, but it is not always right for each couple. If you are thinking about getting divorced, and you can’t decide whether to try divorce mediation, here are some things to consider.

 

In divorce mediation a couple can work together amicably to resolve the issues relating to the divorce. Through this process there is less stress and drama. Divorce mediation uses a collaborative process where you and your spouse are in control and make the decisions, and not a judge. It typically takes a shorter amount of time and is more cost effective. Rather than the spouse against spouse model of traditional litigation, this is a mutual process, and you can leave the mediation process on good terms, which does not always happen with litigation.

 

However, divorce mediation is not for everyone. There are certain circumstances where divorce mediation may not work. One instance is where this is a history or abuse or violence in the relationship, or where one spouse is over-bearing or controlling of the other spouse. Because of this imbalance in power and control, divorce mediation is not always beneficial for … Read More »



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