Divorce and The Length of Your Marriage

When considering divorce, there are many things to consider like property division, child custody, alimony and more, but one important consideration that many couples overlook is the date. In Massachusetts the amount of time you were married might matter in a variety of ways. Here are just a few examples: Dividing Assets Figuring out exactly when a marriage is over can be complicated as some states look at the date of separation, but Massachusetts courts generally refer to the date of divorce. Assets acquired during the marriage through the date of divorce are joint property, so a bonus one spouse receives at a job might be divisible between both parties if it was earned before the date of divorce. Joint Debts While dividing property is obviously important, many people do not give much thought to dividing debts. This can cause problems later as you can still be held responsible if
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I am a single mom and would like to move to Boston.

Additional Information: I would like to move to Boston where my new husband will be. I have a 1 and a half year old whose father rarely sees her and there is no child support order. I told him I wouldn’t take him for support because he is already paying $1000 month for another child. (He and I were never married.) What do I need to do as far as custody rights so that we can move to Boston? ATTORNEY ANSWER: I am sorry that you are going through this and I hope that your new relationship works out. Right now since there is no child support or paternity issue and you are not in court, there is nothing legally stopping you from moving. If however, there was a court action started by him or by you prior to your move and prior to you establishing jurisdiction in Massachusetts then
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Once I file for divorce with the court, how long is it before I get a trial date?

Each divorce case is unique and the answer to this question depends on many factors such as: which grounds you are using; how rapidly or slowly you are able to complete each step in the process; how long it takes to find and serve your spouse; if your spouse’s address is unknown, serving him/her will take longer; how complete and accurate your papers are; how busy and back logged the court is; whether your spouse contests or disagrees any part of the divorce; and whether there are temporary orders or negotiations in process. There is generally a twenty day waiting period after the defendant has been given copies of the divorce papers before either party can request a pre-trial or trial. (This period is six months for no-fault divorces where you file alone.) If you do not know where your spouse lives or works, you must still give “notice” of
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Getting Divorced in Massachusetts

Our total marital estate is about 2.5 million which includes one house in Needham with no mortgage and Westport home with 100k on the mortgage, absent that, no debt- what should I expect the max a divorce will cost with an divorce lawyer on both sides? A divorce attorney who will not throw fuel on the fire or create discovery unnecessarily nor be combative or aggressive without cause, if you can find two of those, the divorce in total can cost as little as $3000.00 if it is mostly collaborative to $15,0000.00 if there is a bit of contention. However if either of you finds one of the angry type lawyers who take out their own personal agenda on cases and make sure to bill bill bill, you each can pay 50k and up. Do your homework, don’t pay for a consult, don’t abuse the lawyers time during the consult
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One Half is Not Always One Half

New Math If your spouse makes X per year and you are going through a divorce in Massachusetts make sure you discuss this concern with your lawyer because no matter who you hire, the math stays the same, dividing one income is still dividing one income. A strong divorce attorney will persuade the court that you are entitled to more than one half that way you can live the lifestyle you were accustomed to during the marriage. Paying Spouse The court is going to try and be fair. However if your divorce attorney does not argue that you should not pay more than one half then you may have to. The child support guidelines are what they are, but a strong divorce attorney can protect you from paying more than you have to. Your attorney’s job is to protect you, ethically and aggressively. Schedule a consultation Contact us if you
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