在Amaral & Associates, P.C. 的律师给您提供的法律建议与服务的基础上,本介绍为您解答有关诉讼离婚程序的常见问题。本介绍不能替代律师代理。 • 1. 启动离婚程序 在马萨诸塞州存在两种离婚途径:1)无争议离婚;和 2)争议离婚。 如果双方均同意离婚,并对就离婚条款(与离婚相关的各项事宜,比如财产划分,子女抚养与探视等)达成协议,你们可以按照马萨诸塞州一般法第208章第一款(A)项,提交共同离婚申请,以及一份离婚协议(Separation Agreement),该份协议约定离婚条款,此外还需要夫妻双方各自提供一份财务证明(Financial Statement)和一份 “婚姻已无法经调解再继续”的声明书(Affidavit of Irretrievable Breakdown),该份文件声明婚姻已破裂,再无继续可能。 如果只有一方意图离婚,或者夫妻双方无法就离婚条款达成协议,任一配偶可以单方向法院提交离婚诉求(Complaint for Divorce)启动争议离婚程序。申请争议离婚的法律事由有很多,但最常见的是无过错事由(non-fault grounds)。以无过错事由申请离婚,当事人不需要证明对方的任何过错。以过错事由(fault-based grounds)申请离婚的话,声称对方有过错的一方必须实际证明对方的过错。过错离婚事由包括:(1)通奸;(2)残酷及虐待;(3)重大及经证实的酗酒习惯;(4)恶劣、无理并残酷地拒绝或忽视提供适当的赡养;(5)性无能;(6)刑事判刑或入狱服刑;(7)彻底遗弃。我们的律师根据每对夫妻的具体情况,建议应该以什么事由申请离婚。以何种事由申请离婚可能影响到最终解除婚姻关系的所需的时间。律师的专业法律建议可以帮助您尽快解除婚姻,为婚姻解除后的各项事宜做出安排,并与对方达成协议。
Archives for 2015
Getting Divorced? Do Not Ignore Your Credit Score (and How to Rebuild it if You Did)
Credit scores are one of the most critical finances pieces of recovering financially from a divorce. Credit scores are also one of the most overlooked pieces of post-divorce, as I’ve found by communicating with thousands of followers of my blog, WealthySingleMommy.com. I reached out to Gerri Detweiler, director of consumer education for Credit.com, and author…
8 Pieces Of Advice For Divorce In Your 20s
It’s easy to be hard on yourself when going through divorce in your 20s. While all your friends are busy planning their weddings on Pinterest, you’re planning a new life without your spouse and dealing with mounting legal bills. To make the process a little easier, we asked experts — divorce lawyers, psychologists and financial…
Do You Need A Prenup?
Short answer: Yes! Long answer: A prenup, or prenuptial agreement if you’re being fancy, is a contract between two people who are getting married. Every prenup is different, but usually it lays out what will happen with regard to property and spousal support if the impending marriage ends in divorce. What exactly is covered and…
5 Ways to Help Your Kids Thrive After Divorce
Divorce is prevalent in American culture nowadays. All divorces are painful, but those between parents of small children can be particularly hard, since you worry about your children’s emotional welfare on top of all of the other stressors involved in your divorce. Amidst all of the pain and chaos of your divorce, making sure the…
Divorce and Money
you’re in the process of getting a divorce, money issues are likely to be a key point of discussion. Whether you’re the spouse of a billionaire or part of a working class couple trying to divide up the bills, money is contentious. That’s the central point of my latest book, The New Love Deal (www.NewLoveDeal.com)…
10 Things No One Tells You About Divorce
Not all divorce advice is created equal. For every good tip you receive from someone (don’t use your attorney as your therapist, keep those rants about your ex off Facebook), there are just as many unhelpful comments: “Don’t get mad, get everything!” Just no. The best source for advice you can actually use are divorcés…
Divorce Questions: How Does Adultery Affect A Divorce Case?
Marriages can end when one member of the couple discovers that the other has had an adulterous relationship. How important is the impact of the extra-marital relationship on the divorce itself? Legally, the answer varies from state to state. In some states, there is very little impact at all while, in others, it can have…
Getting divorced without breaking the bank
Jennifer Zoschak, a partner in the family law firm of Oswald & Zoschak in Lawrenceville, New Jersey, handled the divorce of a couple that had been married for more than 20 years. The wife-who she represented-earned 40 percent less than the husband, so Zoschak knew that alimony would likely be part of any settlement they…
Certain changes in financial behavior and conversations about money are sure-fire signs that your spouse is preparing to split up.
Over 25 years, I’ve worked on the financial aspects of more than 1,300 cases of divorce. Rarely are both spouses in sync when it comes to filing; one spouse is usually laying the groundwork before the other. In hindsight, most people on the receiving end of the filing have their “aha!” moment. One homemaker told…
You must be logged in to post a comment.