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Posts Tagged irretrievable breakdown

Infidelity and Divorce in Massachusetts

Infidelity and Divorce in MassachusettsWe are often asked what impact infidelity will have on a divorce in Massachusetts. In reality, infidelity can impact a divorce in Massachusetts, but not as significantly as many spouses think. Massachusetts is a state that recognizes no-fault divorce, which is the most common ground for filing divorce. Since Massachusetts recognizes no-fault divorce, there are limited grounds in which a spouse can bring up the issue of infidelity.

 

The reality is that if spouses are at the point of divorce, it is not unlikely that one or both spouses have already moved on and entered the dating world again. The main areas where infidelity can impact a divorce is with property division and parenting time.

 

When it comes to property division in Massachusetts, there are a number of factors the Probate and Family Court must consider in dividing the marital estate. Those factors are outlined by Massachusetts General Laws chapter 208, section 34. These factors are:

 

the length of the marriage, the conduct of the parties during the marriage, the age of each of the … Read More »



The Benefits of Mediating or Arbitrating Your Family Law Case

The Benefits of Mediating or Arbitrating Your Family Law CaseIn 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 many as 75-100 cases scheduled to be heard that day), and then the judge calls all cases in whatever order he/she deems fit. This means, if your case is heard first, there can be over 100 people in the courtroom to listen to the issues pending in your case.

Additionally, the Probate and Family Court is notoriously backlogged. Thus, it can take a few months before a motion on your case is heard, and a few years before your case goes to trial.

Given the very sensitive nature of divorce and Family Law proceedings, many spouses and parents do not want their family issues presented and argued in … Read More »



Collaborate or Mediate Your Divorce?

The Benefits of Mediating or Arbitrating Your Family Law CaseWhen considering friendlier alternatives to divorce litigation, you should understand the differences and similarities of the options available to you. Specifically, mediation and collaboration are two popular forms of alternative dispute resolution that might sound similar in theory but have different practical implications. You should choose according to a style that most caters to your relationship with your spouse and/or your lawyers.

A divorce mediator might be a lawyer, finance professional, or social worker. They are trained in all aspects of divorce mediation: economical, legal, and psychological. Mediators who are certified have gone through minimum hourly requirements for training in dispute resolution, as well as divorce proceedings and issues. Mediators are trained to be neutral third parties to a mediation session. They do not represent either party, and cannot offer legal advice to any party; although the parties may retain counsel on their own to assist them in the process, if they wish. At the end of mediation, the mediator will draft the terms of settlement for both parties to review … Read More »



11 Essential Tips to Create a Brighter Future After Divorce

The key to life after divorce is to follow a post-divorce plan. With so many things affecting your life during and after your divorce, a plan can bring a lot of comfort and needed stability to your life and help you to move more positively into the future. There will inevitably be many things that you cannot control as much as you would like to during this process, so it is important to take hold of those things which you can control and use them to surround yourself with calm during the storm. Just like your children will need predictability, comfort, and safety in order to function most efficiently and effectively, so too is it important to create such an environment for yourself as you embark on this new life after divorce

1. Is a divorce mediator for you? An experienced divorce mediator, who is also a lawyer, can help to keep the peace if you and your spouse are entering divorce on cordial terms and with similar goals for the future. By allowing the divorce process to take place in a collaborative instead of adversarial manner, you can … Read More »



Making the Most of Your First Meeting with a Divorce Lawyer

With the prospect of divorce comes a lot of unknown territory that is sure to make you uneasy. While you may think of meeting with a divorce lawyer as your “first step,” the preparation should actually begin before you walk into their office. There are many things you can do to make sure that this first step is as productive and useful as possible and that much of the uneasiness that comes along with divorce remains at bay.

Arrive early: Just like at the doctor’s office, there is usually preliminary paperwork that you will need to fill out prior to your first meeting. Information that is often needed on this paperwork includes: both parties’ full names, contact information, employment and income information, dates of birth, social security numbers, past addresses, as well as applicable information for your children. Prepare a list of questions: This is a very helpful way to prepare for your first meeting with a divorce lawyer. Once you walk into the lawyer’s office, more likely than not you will be overwhelmed with emotions and the prospect of what is to come. … Read More »



Grounds for Filing for Divorce in Massachusetts

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In Massachusetts there are several grounds upon which a spouse may file for divorce. There are two categories of grounds for divorce: 1) no-fault based grounds; and 2) fault-based grounds.

No Fault Based Grounds

In a no-fault based grounds for divorce, a spouse must just simply prove that the marriage is irretrievably broken as defined by M.G.L. c. 208 §1A or M.G.L. c. 208 §1B. Within these no-fault based grounds, there are two types of divorces for which a spouse can file.

If both parties agree to get divorced, they can jointly file for divorce through … Read More »



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