Dealing with False Allegations During Child Custody & Divorce

It seems like everyone knows a story about false allegations during child custody and divorce. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and exclusive use of the family home. The accused parent then must defend themselves in court and prove these allegations false. While false accusations are a legal mess, it is also terrible to have someone who you once shared a life make claims of either abuse or neglect. It is something no one is ever really prepared for. You may feel you should reach out to your soon to be ex-spouse, but this can actually make things worse for you. Additionally, trying to make contact could be used against you. It is not unheard of for there to be accusations of
Continue Reading

Ways to Discover Hidden Assets During a Divorce

Despite complications to the marriage, most people enter the divorce process believing their soon to be ex-spouse is an honest person. However, this is not always the situation. The fact is, dishonesty is a common reason for seeking a divorce. Regardless, even if you have no reason to suspect your former partner is a liar, there is still good cause to be curious and concerned about their finances heading into a divorce. Once a divorce begins, many people will do whatever it takes to conceal and hold on to what they believe is their money. Moreover, some will even create secret accounts, or perform other financial actions, during the course of the whole marriage. Discovering these hidden assets, during a divorce, is the only way to ensure you receive a fair settlement. You should never rely entirely on your spouse’s financial affidavit. The good news is an experienced divorce attorney
Continue Reading

Massachusetts Family Law Regarding Separation

If you and your spouse are thinking it is time for a separation, there are some factors you should consider in order to make sure this is not only the right step for your family but also done in accordance of the law. Before any decisions are made, it would be beneficial to consult a divorce and family law attorney to help you fully understand the legal implications and consequences of filing any official documentation to separate assets. In the state of Massachusetts, there is no judgement for a true legal separation. However, if one spouse seeks support from another spouse and does not want to file for divorce, he or she can file for a judgement of separate support.  This would allow for child support payments to begin as well as alimony. Because Massachusetts does not provide a way for a legal separation, the process for filing for separate
Continue Reading

Massachusetts Small Business Owners Going Through Divorce: What You Need To Know

Divorce is never easy, and it gets more complicated when a couple begins a successful business after their marriage. Massachusetts is an equitable distribution state which means the business equity is held marital in nature even if only one person does the work. There are very few people who divorce and then are able to manage working together on a daily basis, so splitting the company or leaving it is generally best for one spouse. Using mediation rather than going to court is an effective way of ensuring both parties continue to profit from the successful business, and it is the best way to ensure future alimony payments through divorce and family law court. Splitting the Business Down the Middle There are some businesses where splitting a company is relatively easy, and each person has their own territory. Mediation helps to decide which partner gets a particular territory, and this
Continue Reading

Modifying Your Divorce Agreement in Massachusetts

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you need to consult with an experienced divorce attorney. The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change, a significant change of residence, or change in income. These changes can affect custody agreements and spousal and child support. When drafting a separation agreement, there are two types of provisions addressed in the agreement: surviving and merging. Merging provisions are open to modification. Merging provisions are generally child specific issues like custody arrangements, support, and health insurance. Sometimes alimony can be a merging provision. Surviving provisions are generally not open to modification. An example of surviving provision
Continue Reading

Divorce and Separation Agreements

Divorce is a complicated and emotional endeavor. Naturally, divorcing parents of young children have additional considerations over childless couples. The many complexities involved in reaching a desired outcome during a divorce, are weighed according to a number of different factors. In some cases, it can be helpful to ask an attorney to draw up a Separation Agreement. A Separation Agreement is a written document that determines how the divorcing parties will handle matters relating to the end of the marriage. This Agreement can serve to clarify and simplify the overall divorce process. Normally, the agreement deals with child custody issues, parental visits, child support, alimony and division of assets and similar issues. The Agreement is only good if both parties agree to its terms and sign it voluntarily, without duress or intimidation. The Separation Agreement usually becomes part of the final divorce judgment.
Continue Reading

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
Continue Reading

Divorce Modifications in the State of Massachusetts

When the terms of your divorce no longer fit your present circumstances, petitioning for divorce modification can help alter the terms accordingly. In the Commonwealth of Massachusetts, overturning a divorce decree requires an appeal. The appeal process is often drawn-out because one appellate court will need to overturn a lower court’s decision. Appeals are usually unsuccessful except in the case of exceptional and compelling circumstances. The following are common examples of situations that warrant a divorce modification. 1. Moving a long distance from an ex-spouse. 2. A needed increase of alimony. Spousal support is not mandatory in the Commonwealth of Massachusetts. It depends upon the income and situation of the spouses. 3. Dramatic increase or decrease of income for former spouse under a child support order. 4. A child not being properly supervised by parent or current partner of parent due to psychological or substance abuse problems. 5. A teenage
Continue Reading

Uncontested and Contested Divorce in Massachusetts

If you’re considering filing for divorce in Massachusetts, make sure you understand the two types of dissolutions available to you. Uncontested Massachusetts Divorce In an uncontested divorce (sometimes referred to as 1A) you and your spouse file a joint petition for divorce along with a separation agreement. The separation agreement, usually drafted with the assistance of an attorney, reviews the equitable division of property, assets, debt, businesses, and inheritances, and clarifies issues surrounding child custody and support. Additionally, where there are minor children involved, the parents must attend a parenting class. The court may request other documents as well. These may include a financial statement, the marriage certificate, and written statements about the reason for dissolution. Once the paperwork is complete, both parties appear before a judge. At this meeting, the judge will ask questions concerning the documents. As long as there are no problems, the judge will order the
Continue Reading

Can I represent myself in my divorce?

Under Massachusetts law you have the right to appear on your own behalf in a courtroom in any legal matter including divorce. However, proceeding “pro se” (literally, “for yourself”) in getting your divorce is advisable only under certain circumstances. If you and your spouse have custody disputes, if you are married and paternity of any of the children is in question, if you want support (alimony) from him/her or if there is any marital property which hasn’t already been satisfactorily divided, you are advised to hire an attorney to represent you. If the case is complicated, you do not know how to proceed, or you are unsure how to proceed, contact divorce lawyer Howard Lewis to learn how to protect your interests.
Continue Reading