When spouses are going through a divorce, a common concern is that their husband/wife will not fully disclose their assets. In Massachusetts, to protect against this issue, the Court issued Supplemental Probate Court Rule 410, in which both parties must exchange certain financial information within 45 days after the defendant was served the summons and…
Divorce Essex County
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…
‘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.…
The Benefits of Mediating or Arbitrating Your Family Law Case
In Massachusetts, divorce and Family Law cases are handled by the Probate and Family Court. Under Massachusetts, law, proceedings in the Probate and Family Court are public and can be observed by anyone. Additionally, almost all cases in the Probate and Family Court are scheduled to be heard at 8:30 a.m. (which can be as…
Protecting Your Credit in a Divorce
It is not uncommon for married couples to have joint accounts, including joint credit cards. However, once married couples are involved in a divorce, they must decide how to apportion the credit card debt. At that time, each spouse should be looking to protect their credit as much as possible. In Massachusetts, each spouse’s credit…
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…
FINDING A GOOD DIVORCE LAWYER
Millions of men and women go through divorce proceedings every year and yet many give little thought to finding a lawyer that will best meet their needs. While a good lawyer will lead you through the divorce quagmire and hopefully get you the best possible results, the wrong lawyer can create more problems and add…
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…
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…
Weighing Divorce Options
What is the role of stock options in negotiating a divorce settlement? Far from being an academic question, the answer can actually determine the ownership of hundreds of thousands of dollars generated by the sale of appreciated stock acquired through company stock options. By specifying in the divorce settlement exactly how stock options will be…
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