May 2013

Property division can lead to Massachusetts condo disputes

As some Massachusetts residents know, having a vacation condo is a luxury couples enjoy. However, when a couple decides to divorce, the shared condo can become a thorn in the property division process. If the condominium is not the primary residence, then charges and fees associated with the shared property can complicate property division. Condominiums are not often the main place of residence for many couples as they are more commonly used as vacation spaces or rental property. Nevertheless, fees must be paid to building owners to maintain the space. When a couple is divorcing, building owners can often be burdened with a lack of fee payment. If the issue of who will be sole owner of a condo is unclear, one party may not wish to continue to pay maintenance fees on a place they do not live and may not own after the divorce. Building owners may face their own legal issues if a divorcing couple cannot come to an agreement about a shared condo. Owners may need legal paperwork should one individual wish to keep the other title holder out of the shared space. Additionally, if the parties cannot come to terms with fee payments, building owners may have to take action for nonpayment, which could include eviction or suing for compensation. Property division can become exceedingly complicated when third parties are involved. Making the divorce and division process as painless as possible is usually the route most parties would like to take. Understanding the rights and

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Terrence Howard high net-worth divorce comes to an end

A high net-worth divorce can take time and at times seem difficult. It is typically not an overnight process, due to the high assets involved. Whether a high net-worth divorce takes place in Massachusetts or elsewhere, all individuals involved may benefit by preparing themselves in a way that ensures all matters are settled fairly. Actor Terrence Howard was recently in the midst of divorce proceedings. Throughout the marriage, allegations were made that led to the couple’s divorce. Based on allegations that she endured physical abuse and was subjected to violent threats, the Howard’s ex-wife was granted a protective order against him prior to the divorce proceedings. Howard has since denied these allegations. The divorce proceedings between Howard and his ex-wife have finally come to a close and have been settled by a court of law. Howard received the majority of the marital assets. His ex-wife was allowed to keep her bike, awarded three years of spousal support in the amount of $5,800 monthly but was ordered to return a Range Rover to her ex-husband. Now that the divorce has been settled, hopefully both parties can finally move on. This high-net worth divorce appears to have been settled favorably for the actor. At the outset of any marital dissolution, the parties have the option of litigating or seeking alternative dispute resolution options like mediation or collaboration. Like some ongoing disputes in Massachusetts, the Howard divorce took the better part of two years to reach a final settlement. Others, however, are able

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When to seek help in the property division process

Just as no two marriages are ever alike, so it goes with divorce. While reality television shows would have us believe that every divorce is embittered and nasty, in the reality version of reality there are many Massachusetts couples who end their marriages amicably. However, when it comes to the process of disentangling lives and finances, there can be such a thing as being ‘too nice,’ especially during the property division portion of the experience. Some spouses feel guilty about ending their marriage, especially if the other spouse is not ready to throw in the towel just yet. Other times, there have been lapses of judgment that lead one party to carry feelings of guilt. When considering how to end a marriage, the best course of action is to look at the process as a business transaction, leaving emotions completely out of the matter. For spouses who are considering filing for divorce without an attorney, it is important to understand what is at stake. The decisions made throughout the divorce process can have lasting effects, especially financial issues handled during the property division portion of a divorce. Having solid legal counsel is not an aggressive stance against one’s former partner, it is simply an acknowledgment that divorce is a complicated legal matter that requires a comprehensive understanding of Massachusetts law. When preparing to divorce, the best approach to take is to make every effort to protect one’s legal interests, and assume that one’s partner is going to do the same.

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Non-traditional couples may face unique legal issues

For many same-sex couples in Massachusetts, issues of marriage and divorce can become complicated. These matters can become exponentially more complex when a couple chooses to relocate to a state in which same-sex marriage is not recognized. In such cases, non-traditional couples are often confronted with legal issues that differ from those faced by heterosexual couples. This may be the case for reality television host David Tutera, whom readers may know for his role on the show ‘My Fair Wedding.’ Tutera married his husband ten years ago, but the couple relocated to a state that does not recognize same-sex marriage. They are now seeking to end their marriage, and are also facing a child custody battle. The couple is currently working with a surrogate who is carrying twins scheduled to be born in July. However, the men have been separated since Jan. 2013, and are currently seeking to end their union. Tutera’s husband is asking for full custody of the twins, and has recently gone public with accusations that Tutera has an addiction to sex. He further claims that Tutera frequently uses the services of escorts and prostitutes to conduct sexual activity. As this case moves through the legal process, the men will likely face issues that confront all non-traditional couples, including difficulties divorcing in a state that does not allow same-sex marriage. The matter of child custody may move forward in a separate proceeding, and each side will have the chance to present a legal argument as to why

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Spouse’s affair may not factor into property division

When a Massachusetts spouse has been wronged, the first impulse is often an emotional response aimed at extracting revenge. When we are hurt, embarrassed or surprised by the infidelity of a husband or wife, we often react in a manner that is not rational or in line with our long-term interests. We want the choices of the adulterer to play a role in the property division process. Unfortunately, however, adultery often plays little to no role in the Massachusetts divorce process. Furthermore, attempting to make infidelity into a central issue within a divorce can actually lead to negative consequences for the wronged spouse. The most common way for this to occur involves accruing hefty legal fees for the time and effort spent on proving that adultery made a significant impact on the marriage. This may sound odd, considering that cheating is often the central reason for a divorce. However, consider the following scenarios. If a spouse feels certain that their partner spent a considerable amount of marital assets on funding the affair, it is possible to bring those allegations into play within the divorce process. However, proving this assertion requires a great deal of research and documentation. At the end of a lengthy and expensive process of discovery, it is entirely possible to gain an award that does not even cover the cost of proving that dissipation of assets took place. Another issue involves allegations of abuse. Unless there is clear and convincing evidence that abuse took place, it can

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