In any divorce, a common question divorce attorneys get is “Will I get alimony, and if so, how much?” In Massachusetts this is determined under the Alimony Reform Act of 2011, which is codified at Massachusetts General Laws c. 208 §§48-54. Under the Alimony Reform Act, there are 4 different categories/types of alimony: 1) General…
Divorce and Family Law Blog
Six Tips On How to Minimize Your Attorney’s Fees in a Divorce or Family Law Case
When you are going through a divorce or family law matter, it can cost a lot of money to hire an attorney. However, if you want to successfully navigate through the Probate and Family Court and the litigation process, having a lawyer can be crucial. There are ways, however, to minimize your legal fees from…
Protecting Your Assets in a Dating Relationship Through a Cohabitation Agreement
Once a couple marries, there are certain protections and rights bestowed upon each spouse under the law. These rights include the right to property division in the event of divorce, the right to maintain medical insurance benefits through his/her spouse, and the right to alimony in the event of a divorce. However, with the divorce…
Going Through a Divorce When You Have a Child with Special Needs
Divorce is a difficult and emotion process for any spouse or parent. But when the spouse is also a parent of a child with special needs, the divorce can be even more emotional and difficult. In dealing with any divorce that involves children, issues such as child custody, parenting time, and child support must be…
Am I Going to Have to Pay Alimony?
With the enactment and implementation of the Alimony Reform Act in 2012, a popular topic among divorcing spouses is whether one spouse will be required to pay the other spouse alimony. With the Alimony Reform Act, the guidelines and requirements for awarding alimony have changed. At the cornerstone of alimony is case law that has…
Winning the Lottery and Then Getting Divorced
The odds of any person winning the lottery are very slim. However, if someone does win the lottery, and he/she is married at that time, under Massachusetts law, the lottery winnings are a marital asset. Under Massachusetts law, all property owned by one spouse individually, or both spouses jointly, is considered marital property. That means,…
关于您的离婚程序
在Amaral & Associates, P.C. 的律师给您提供的法律建议与服务的基础上,本介绍为您解答有关诉讼离婚程序的常见问题。本介绍不能替代律师代理。 • 1. 启动离婚程序 在马萨诸塞州存在两种离婚途径:1)无争议离婚;和 2)争议离婚。 如果双方均同意离婚,并对就离婚条款(与离婚相关的各项事宜,比如财产划分,子女抚养与探视等)达成协议,你们可以按照马萨诸塞州一般法第208章第一款(A)项,提交共同离婚申请,以及一份离婚协议(Separation Agreement),该份协议约定离婚条款,此外还需要夫妻双方各自提供一份财务证明(Financial Statement)和一份 “婚姻已无法经调解再继续”的声明书(Affidavit of Irretrievable Breakdown),该份文件声明婚姻已破裂,再无继续可能。 如果只有一方意图离婚,或者夫妻双方无法就离婚条款达成协议,任一配偶可以单方向法院提交离婚诉求(Complaint for Divorce)启动争议离婚程序。申请争议离婚的法律事由有很多,但最常见的是无过错事由(non-fault grounds)。以无过错事由申请离婚,当事人不需要证明对方的任何过错。以过错事由(fault-based grounds)申请离婚的话,声称对方有过错的一方必须实际证明对方的过错。过错离婚事由包括:(1)通奸;(2)残酷及虐待;(3)重大及经证实的酗酒习惯;(4)恶劣、无理并残酷地拒绝或忽视提供适当的赡养;(5)性无能;(6)刑事判刑或入狱服刑;(7)彻底遗弃。我们的律师根据每对夫妻的具体情况,建议应该以什么事由申请离婚。以何种事由申请离婚可能影响到最终解除婚姻关系的所需的时间。律师的专业法律建议可以帮助您尽快解除婚姻,为婚姻解除后的各项事宜做出安排,并与对方达成协议。
Getting Divorced? Do Not Ignore Your Credit Score (and How to Rebuild it if You Did)
Credit scores are one of the most critical finances pieces of recovering financially from a divorce. Credit scores are also one of the most overlooked pieces of post-divorce, as I’ve found by communicating with thousands of followers of my blog, WealthySingleMommy.com. I reached out to Gerri Detweiler, director of consumer education for Credit.com, and author…
8 Pieces Of Advice For Divorce In Your 20s
It’s easy to be hard on yourself when going through divorce in your 20s. While all your friends are busy planning their weddings on Pinterest, you’re planning a new life without your spouse and dealing with mounting legal bills. To make the process a little easier, we asked experts — divorce lawyers, psychologists and financial…
Do You Need A Prenup?
Short answer: Yes! Long answer: A prenup, or prenuptial agreement if you’re being fancy, is a contract between two people who are getting married. Every prenup is different, but usually it lays out what will happen with regard to property and spousal support if the impending marriage ends in divorce. What exactly is covered and…
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