November 2012

Older Massachusetts couples face unique property division needs

When older people divorce, the process can be very different from the experience a younger couple might have. Some issues are easier to handle between aging partners, such as a lack of contention surrounding child custody and support. Other issues, however, become far more complicated when a Massachusetts couple has been married for a lengthy period. Among these are complex choices concerning property division. As we age, people tend to accumulate more in the way of assets. These can be tangible assets such as furniture or real estate, or monetary assets such as investment or retirement accounts. By the time many people near or reach retirement age, there are more family assets to divide. At the same time, however, there is also a greater need to make savvy financial decision, as the implications will be felt more acutely in the retirement years when earning potentials tend to decrease. Older couples must ensure that they begin the divorce process with a comprehensive understanding of where their family finances stand. This includes an accounting of not only all of the familial assets, but also of all outstanding debts held by both parties. In addition, it is imperative to fully understand each spouse’s retirement savings, as well as how those assets should be divided. When filing for divorce late in life, the process can feel overwhelming. This is especially true for spouses who have been married for the vast majority of their adult lives. Starting over can feel like a scary prospect, which

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Celebrity custody relocation ruling a win for fathers’ rights

In Massachusetts and across the nation, men continue to struggle with issues related to the care and custody of their children. Although the American legal system has come a long way in recognizing the essential role that men play in the lives of their children, many fathers still face an uphill battle in family court. One recent celebrity fathers’ rights case is making headlines, and represents a legal scenario that many fathers face. Movie star Halle Berry and former partner Gabriel Aubry recently ended a long and contentious custody battle over their 4-year-old daughter. That fight flared up again when Berry asked the court for permission to relocate with her daughter to France. The actress argued that she and her child would be safer in France due to the fact that two men who had stalked and threatened her are now free. Aubry argued that such a move would lead him to have limited access to his daughter. He stated that Berry’s intent was to estrange the two. A judge agreed with Aubry, denying the motion and putting a stop to the move. There is no word on whether the actress plans to appeal the ruling. Many Massachusetts parents face similar circumstances, although often to less glamorous locations. When a custodial parent wishes to move a child or children out of the area where the other parent resides, the issue can often lead the former couple back to family court. This scenario is not uncommon, and is a serious issue

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Mobile DNA testing service could assist in paternity claims

Many men, in Massachusetts and beyond, have doubts concerning the paternity of their children. In the past, DNA testing was either not readily available or was prohibitively expensive, leaving many men with little recourse other than to simply wonder. However, one business innovator has created a mobile DNA testing service that could assist men in ascertaining the validity of paternity claims. The man behind the service is the owner of a DNA and drug testing clinic. He decided to expand his business by outfitting an RV to serve as a mobile testing unit. The side of the vehicle is emblazoned with ‘Who’s Your Daddy’ in eye-catching lettering. Because technology has advanced so rapidly in the field of genetics, DNA testing services can be obtained for as little as $299. For many purported fathers, this is well worth the value of certainty when it comes to paternity. In addition, having the service available in such a quick and convenient manner allows the fathers of very young children to obtain a DNA screening with a high degree of confidentiality. For those Massachusetts men who find that they are not in fact the fathers of the child or children in question, an informed decision can be made concerning any paternity claims made by the mother. If an existing child support order is in place and the man wishes to challenge it, having proof that one is not genetically linked to a child is the first step in that process. No matter the outcome

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Real estate central issue in many property division negotiations

In many Massachusetts divorces, issues involving child custody and child support take center stage. Another issue that sits at the top of most couples’ divorce proceedings involves property division. Massachusetts spouses should be aware that the time to handle all concerns that pertain to the division of property is before the divorce is final. Once the papers are signed, a spouse who is unhappy with one or more of the provisions within the agreement will have little recourse to make changes. Among the challenges of property division, issues over real estate generally top the list. Once a decision has been made concerning which party will retain the home, the next step should be providing a clean break for the other party in regard to liability for that property. Although one spouse will end up on the title to the home, both may be listed on the mortgage. This scenario leaves one person with full ownership rights to the home, and the other still on the hook for partial responsibility for paying the mortgage. In some cases, the spouse who keeps the house will stop making payments on the home for a variety of reasons, leaving the other party with badly damaged credit and no way to solve the issue other than covering the payment. The ex-spouse who signed off on the property would still not have any form of ownership in the property. The best way to avoid this problem is to clearly outline within the divorce agreement that the

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Puppy love complicates property division in Massachusetts

Massachusetts couples who are beginning the divorce process are often caught off guard with the sheer volume of details that need to be ironed out. Issues of property division and child custody usually top the list of priorities, but there are many smaller details that must be dealt with as well. Splitting one household into two, and working out which party will retain which assets, can be a very complicated procedure. Many spouses make assumptions about where the family pets will reside following a split. They are often surprised, however, when they learn that the other spouse holds opposing opinions on the matter. When couples cannot agree about where the pets will live, they often ask a judge to decide. Many states treat pets as marital property, and some judges will refuse to become involved in decisions over where they will live following the divorce. Others may address the issue, working out a detailed ‘custody’ arrangement that splits time with the pets between the two spouses. However, it is important to understand that no judge can make a truly comprehensive determination about what is in the best interests of a pet, simply because the judge is not familiar with the animal or its relationship with the parties. As with most property division issues surrounding a Massachusetts divorce, the best resolution is one in which the parties work together to find a solution that works best for them. It is important to try and keep the pet’s best interests at the

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