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

Posts Tagged Divorce Advice

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

divorce and assets Divorce and business, divorce and business partnersIn 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 include a family owned business, even if only one spouse has an interest in that business. That means the business is a marital asset that is subject to division in equitable distribution. However, that doesn’t necessarily mean the non-business owner spouse will end up owning the business or having a financial stake in the business through the divorce. Massachusetts General Laws chapter 208, section 34 outlines factors the Probate and Family Court must consider in the division of marital assets. … Read More »



Sound Reasons Why You Should Mediate Your Divorce.

.

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 settle. All of this discovery and all of the court hearings and meetings or phone call with your attorney will cost you money in legal fees both to you and your spouse. A divorce attorney can make 10-20 times more in legal fees on a contested case then they can … 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

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 »



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 »



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 »



Can I Modify My Separation Agreement?

Can I Modify My Separation Agreement?It is not uncommon for a spouse to want to modify certain provisions of his or her Separation Agreement after a divorce. As time goes on, circumstances will most certainly change for the former spouses. However it is important that spouses make any changes through the Probate and Family Court, and not through a private agreement, as private agreements are not enforceable through the courts.

 

Before a spouse can seek a modification in the court, he/she must first ascertain if the provision he/she wants modified can be modified. In Massachusetts, Separation Agreements either “merge” or survive”. When a separation agreement “merges” it means that all provisions in the agreement may be modified through a Complaint for Modification, upon a showing of a material change in circumstances. When a separation agreement “survives” it means it has its own independent legal significance, and can only be modified in the rarest of circumstances. The courts have stated that there must be “countervailing equities” to modify a surviving agreement. Although the term “countervailing equities” has not exactly been defined by the court, … Read More »



What You Should Know Before You File for Divorce In Massachusetts

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

Divorce, word cloud concept on white background.

Divorce can be a confusing and complicated process. Negotiating your way through the court system can be difficult, particularly if you don’t have the assistance of an attorney to guide you through the system. Here are some facts and other things you should know about filing for divorce in Massachusetts.

 

A vast majority of divorces settle before trial. There are 2 ways to file for divorce in Massachusetts. The first is a joint petition, in which both spouses jointly file for the divorce. The other is a … Read More »



Financial Planning For and During a Divorce

financial planning 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 receiving.

Based upon … Read More »



‘Happy Valentine’s Day. I Want a Divorce.’

Valentine’s Day is approaching — and it turns out the weeks leading up to this most romantic of holidays also mark the highpoint of “divorce season.”

While there’s no national database tracking divorce filings, anecdotally, attorneys report that January and February tend to be the busiest months of the year in terms of divorce inquiries.

Why? In large part it’s a holiday hangover. A recent poll by my divorce mediation company, showed that one in 12 people (and one in eight women!) are considering divorce during the holidays. And as soon as the holidays are over, many make it their New Year’s resolution to begin again and start divorce proceedings.

I’ve worked in family law for 12 years and without fail, my phone starts ringing off the hook on January 2nd. Most start by asking for the lay of the land — they want to know their options.

Unfortunately, most people still think of divorce as the 1980s War of the Roses scenario, where each party hires the meanest pitbull of a lawyer they can find, spends thousands of dollars on legal fees and … Read More »



Download Our Divorce & Mediation Ebook click here

Request A Consultation

Bold labels are required.

Contact Information
Yes I have read the disclaimer

Privacy Policy

[recaptcha]

Winthrop Office
246 Revere Street
Winthrop, MA 02152

Phone: 617-539-1010
Fax: 617-539-0505
Winthrop Law Office Map

Boston Office
63 Atlantic Avenue
Boston, MA 02110

Phone: 617-742-2020
Boston Law Office Map