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

Posts Tagged cohabitation and divorce

Can I Date While My Divorce Is Pending?

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 Chelsea, dating and divorceIt is not uncommon once a marriage is over for spouses to start looking at the dating scene again, even while their divorce is still pending. One of the most common questions divorce attorneys are asked is whether a spouse can date while their divorce is still pending. Well the short answer is: Yes!

 

However, the longer answer requires considering the financial aspect of a divorce as well as custody and parenting issues. On the financial side of a divorce, there are two primary parts of a divorce: property division and support. In … Read More »



Creating New Holiday Traditions for Children After a Divorce

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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 to this new structure of the family, parents should consider developing new traditions that the family as a whole did not do before. This can be something very small, such as selecting a Christmas tree from a specific place, or baking holiday cookies with your children, or something bigger, such as a nice vacation.

 

On the same hand, though, parents should also try to maintain some consistency. If there … Read More »



How to Effectively Co-Parent At the Beginning of a Divorce

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Unhappy family and child custody battle concept sketched on sticky note paper

When parents divorce, there can be a significant impact on the children. For divorces involving children, some judges have referred to such a divorce as a corporate reshuffling, and say that the family corporation remains the same, but has undergone some reshuffling. That is to say, the family unit continues to exist, but in a slightly different format. From the moment parents decide to divorce, they have to realize that although they may no longer be a couple, they will always be co-parents. For this reason, parents have to continue to co-parent their children, regardless of the divorce. To effectively co-parent, parents should follow these tips below:

 

Show a United Front to the Children. From the time you tell your children that you are divorcing, all through the divorce, parents should be a united front for their children. They should agree when and how to tell the children that they are divorcing, and continue … Read More »



General Term Alimony: What is It?

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Q: What is General Term Alimony?

A: There are 4 types of alimony under Massachusetts law. The four types are:

General Term Alimony: the periodic payment of support to a recipient spouse who is economically dependent. Rehabilitative alimony: the periodic payment of support to a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as, without limitation, reemployment; completion of job training; or receipt of a sum due from the payor spouse under a judgment. Reimbursement alimony: the periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to compensate the recipient spouse for economic or noneconomic contribution to the financial resources of the payor spouse, such as enabling the payor spouse to complete an education or job training. Transitional alimony: the periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to transition the recipient spouse to an adjusted lifestyle or location as a result of the divorce.

 

General Term Alimony is the most … Read More »



FAQ About Alimony in Massachusetts

Q: Will I have to pay alimony to my spouse? / Q: Will I receive alimony from my spouse?

FAQ About Alimony in MassachusettsA: The short answer is it depends. Based upon the Alimony Reform Act of 2011, there are many factors that have to be considered to determine if a spouse will have to pay alimony during or after a divorce.

Q: What are some of the factors that are considered to determine if I will pay/receive alimony?

A: Every case is different in what is considered whether a spouse will pay/receive alimony, but generally, there are some of the factors that are considered:

Do you have any unemancipated children? What is the combined gross income for you and your spouse? the length of the marriage; age of the parties; health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity … Read More »



Massachusetts Alimony Reform Act & Durational Limits

When the Massachusetts Alimony Reform Act went into effect in 2012, it provided for a payor spouse to file a Complaint for Modification to reduce or terminate his or her alimony obligation based upon durational limits, as further explained below. Rather than allowing spouses to file all at once in 2012, modification for only durational limits are being phased in over the course of three years.

Under the Alimony Reform Act, all alimony orders existing prior to the enactment of the Alimony Reform Act, are considered “General Term Alimony” unless otherwise specified. “General Term Alimony” is defined as “the periodic payment of support to a recipient spouse who is economically dependent.” Under this type of alimony, a spouse’s alimony obligation lasts for a percentage of the length of the marriage.

• For marriages lasting 5 years or less, a spouse’s alimony obligation lasts 50% the number of months the parties were married.

• For marriages lasting more than 5 years, but less than 10 years, a spouse’s alimony obligation is 60% the number of months the parties were married.

• For … Read More »



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