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…
Amaral and Associates PC
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…
Understanding Types of Child Custody in Massachusetts
In Massachusetts, along with most other states, there are two types of child custody: 1) legal custody; 2) physical custody. Not all parents understand the difference between the two types of custody, and it can sometimes be confusing. When a parent has legal custody of a child, then the parent has the right to make…
Protecting Your Legal Rights When Cohabitating With Your Significant Other
Recent studies show that “shotgun weddings” are becoming less popular as cultural norms become more progressive. Rather than marrying due to a pregnancy, couples are moving in together, not marrying, and raising the child as a family. However, when a couple lives together out of wedlock, they are not afforded the same rights and benefits…
Get Divorced for $1500.00
One of the greatest benefits of mediation is the cost. Please read the below column from a mediation client of another firm. Our firm can get you divorced for $1500.00. COLUMN-How I got divorced for less than $1,500 in legal fees By Tim McLaughlin Jan 9 (Reuters) – When my wife and I decided to…
How to Calculate Your Child Support
Under Massachusetts law, parents who are divorced or separated must continue to support their children. In Massachusetts, a parent’s child support obligation is calculated based upon the Child Support Guidelines. The Child Support Guidelines are a set of rules that dictate how to calculate a parent’s child support obligation, and what income must be included…
Change in Federal Regulations After DOMA is Partially Struck Down
On June 26, 2013, the Supreme Court issued its opinion in United States v. Windsor, in which it reviewed, and ultimately struck down, Section 3 of DOMA. Section 3 of DOMA stated: ‘‘In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies…
Streamlining the Child Support Modification Process in Massachusetts
In May 2013, the Massachusetts Probate and Family Court expanded Standing Order 3-11, which streamlines the child support modification process in Massachusetts. Through this Standing Order, parents can now complete more user-friendly forms to file for a child support modification with the Probate and Family Court, and also obtain a faster court date to obtain…
Same Sex Divorce and Continuing Problems with DOMA
On June 26, 2013, the Supreme Court issued its opinion in United States v. Windsor, which declared Section 3 of the Defense of Marriage Act (commonly known as DOMA) unconstitutional. What many people don’t realize is the Supreme Court did not review or rule on Section 2 of DOMA in United States v. Windsor, and…
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