September 2013

Many factors for Massachusetts couples considering gay marriage

Contemplating marriage can be one of the most important and life-altering decisions that someone will ever make. Same-sex couples in Massachusetts can potentially face many areas of confusion when deciding if the time is right to get married. A recent decision made by the U.S. Supreme Court struck down part of the Defense of Marriage Act (DOMA). As a result, each individual state is able to determine some of the legal variables involved in a gay marriage. There are currently 13 states, including Massachusetts, where same sex marriage is legal. Of the 37 states which do not recognize same-sex marriage, some still offer benefits to same sex partners, while other states grant them no legal status. Tax implications vary across the country for these couples. For example, an individual living in a state that doesn’t recognize gay marriage — but was legally married in a state which does — would be required to declare his or herself as single on any state tax returns. Same-sex couples traveling abroad could face potential risks. Some countries consider any small display of public affection between same-sex partners to be a crime. The possible hurdles in the way of splitting up might be the most important consideration of all for these individuals. Currently, many same-sex couples would have to relocate to a state which recognizes the legality of their marriage — just to be able to formally divorce. The difference in the interpretation of our laws from state to state could create a lot

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Bad advice can affect marital property and divorce in general

The list of bad advice and common misconceptions that is believed when it comes to divorce is endless. The problem is that many Massachusetts residents are believing this misconceptions, and those believes can cause problems while undergoing the complexity of dividing marital property and other aspects of divorce. A quick inventory of the most popular untruths can help anyone going through divorce avoid them and thereby make their divorce go easier and smoother. For example, many people improperly believe that all divorces are the same. This idea is simply impossible when you consider that some families must make decisions on child custody, while others do not have any children at all. Another one that has been floating around is that it takes a year for each four years of marriage to emotionally heal following a split-up. Well-meaning family and friends might tell you that you should be extremely angry at your ex-spouse. They might tell you that taking anti-depressants following a divorce is something everyone does. Lastly, you might tell yourself that your split-up is a sign that you are a failure in life. None of these are true and believing these kinds of lies can actually make your divorce process more difficult. When it comes to the complicated process of dividing marital property, making decisions on child custody, and dealing with the wild mix of emotions that crop up during divorce, no Massachusetts resident can afford to entertain untruths. People who are going through a divorce and get professional

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Custody and stock options, Could this happen in Massachusetts?

Ongoing and pernicious divorce negotiations could happen to any couple with significant assets, in Massachusetts or another jurisdiction. Stock options, real estate holdings and other investments can complicate matters. One particular divorce in another state has lasted for more than a decade. There have also been more than 600 court filings. Though not quite a record, the proceedings are certainly on the extreme end of what is at stake. The divorce was originally filed on Aug. 13, 2003, and a divorce was granted nearly two years later. That part is over but other things which both parties feel are worth fighting for are still in court. Things like child visitation, supervised visits, stock options are involved. Moreover, complex financial issues such as who pays for what have been difficult for the parties to sort out. Further complications regarding possible Securities and Exchange Commission violations have also come into play. Legal moves have been made by both parties. Expert opinions regarding the character or psychological makeup of a party, if left unanswered can have damaging consequences. Nevertheless, countering such legal moves, though sometimes difficult, is achievable. It is often important to distinguish between unsupported allegations and actual proof. Most divorces, in Massachusetts or elsewhere, do not take 10 years to resolve — even with complicated child custody or financial issues like stock options or other extensive assets. When one party is fighting with everything they can possibly throw on the table, asserting one’s legal rights to reach a fair and acceptable

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Father’s rights deemed family rights by Va. Attorney General

Headliner Ken Cuccinelli has been vocal about his support for father’s rights when it comes to custodial cases. As Va. Attorney General, he no longer practices law on a regular basis, but he’s well-known for his belief that men deserve more one-on-one time with their children than they get in many custody arrangements… and that it’s up to family law attorneys as well as society to be catalysts for change. Many Massachusetts dads embroiled in bitter father’s rights cases would likely agree with his assertions. Cuccinelli reportedly believes that father’s rights should be more accurately described as "family rights". From the viewpoint of his leadership experiences with Fathers for Virginia, a male-empowerment group that fights for the rights of men who want to be a part of their children’s lives, he has seen firsthand how difficult it can be for men to be able to spend time with their offspring following a separation and/or divorce. In fact, Cuccinelli’s trajectory to his current elected position has been based on his belief that father’s rights are integral to the bringing up of children in separated households. Though Cuccinelli has his detractors, namely activists who feel his platform is against the rights of women who have been abused by the fathers of their children, he stands by his tenets. He has made such strong waves that he was recently pulled away from his attorney general responsibilities to act as private counsel for a friend who was undergoing a bitter custody dispute battle. This

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