Amaral & Associates, P.C. - Divorce, Family Law
Serving Boston, Winthrop
& Surrounding Areas
Call Today For A Consultation
Phone: 617-539-1010

Posts Tagged divorce questions

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 »



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 »



5 ways to keep a divorce from being needlessly expensive

divorce moneyWhen Joanna Wilbur got divorced five years ago, she was able to keep her two story, four bedroom home with a wraparound porch in Fairfax County, Va.

They had only purchased the home two years before deciding to go their separate ways, and Wilbur says she wasn’t yet ready to let it go. But in hindsight, maybe she should have been, she says.

They bought the home for more than $500,000 in 2006, when home prices were peaking. Now it’s not worth nearly that much, she says-and she’s stuck making huge mortgage payments on her own.

“Would I have bought this same house on my own?” she says. “The answer is no.”

Even when divorces are straightforward and amicable, untying the knot can be messy. Unwinding and dividing the property, debt, financial assets and other belongings people amass when they’re planning on being together forever can be a lengthy and complicated process. Learning to live — and making plans to retire- on one paycheck can also take time.

Financial advisers offer these tips to help people start the next chapter:

Redo the budget.

Read More »



5 Questions You Need To Ask Before You Decide To Divorce

5 QUESTIONSMore than 50 percent of marriages end in divorce. Before you break your wedding vows and decide to be part of that statistic, Dr. Phil suggests you answer these five questions, which he calls his “Divorce Readiness Test”:

1. Have you done everything you can to save and rehabilitate your marriage?

Have you exhausted all avenues of help for putting your marriage back together? That could mean reading books, going to a marriage counselor, speaking to a clergy member and spending time focusing on your own role in the demise of your relationship.

Ask yourself:

What was your marriage like when it worked? When did it go wrong? Why? Is what you’re fighting about worth breaking up your marriage? What do you want? What is it costing you to be in your relationship? Are you willing to put in the effort to make the relationship work? What are you doing to contaminate the relationship?

2. Do you have unfinished emotional business?

Dr. Phil says: “The time when you’re ready for a divorce is when you have the clearest of conscience, when you can say, ‘I am at peace about my decision. … 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