April 2014

Court issues ruling for complex property division case

Fortunately, many Massachusetts couples are able to reach an agreement on their own as an alternative to prolonged litigation and court involvement. However, divorce can often produce such intense feelings of hurt and anger, which causes feuding during the litigation process. As one couple discovered, warring through litigation can be expensive, but it can also affect the amount awarded during property division. Reportedly, the petition for divorce followed a domestic dispute that became physical, ending a 19-year marriage in 2007. The parties share two children, and the divorce has lasted nearly seven years. The case began gathering public attention from the start, taking on increasing interest when the wife accused her estranged husband of squandering large amounts of money on his girlfriend while allegedly neglecting the financial needs of his hearing-impaired daughter. The negative exposure drastically affected the man’s ability to attract clients and reduced the value of his interest in the law firm in which he was a partner. Though the woman had a right to complain about her husband’s actions, the court ruled that, based on the level of negative attention surrounding the divorce — largely caused by the wife, his ability to earn money was adversely affected. As a result, she was only awarded 17 percent of his interest in the law firm. It is uncommon for courts to make such a seemingly inequitable award unless special circumstances are present. In this case, the wife’s actions negatively affected her husband’s livelihood; therefore, the court curtailed her right

Read More »

Stricter divorce laws may cause conflict

Since the beginning of the battle of same-sex marriages, it was often said by Massachusetts same-sex couples that traditionalists should focus more on lowering the rates heterosexual divorce, rather than prevent same sex-couples from marrying. It now appears that traditionalists are doing just that in some states. Many often think that once a marriage is emotionally over, it will be no issue to divorce, but lawmakers may be trying to now prevent that. A no-fault divorce used to be seemingly easy to come by, but some opponents are hoping to make the process more difficult. Recently in some states, lawmakers have attempted to pass bills making a no-fault divorce more difficult. The bills ranged from anything to longer wait periods for a divorce or limiting and even excluding reasons a couple would be able to ask for a divorce. When a marriage is past the point of saving, a couple typically knows it. Recent attempts at mandating counseling before a couple can divorce have been approved, although it could end up making things worse for the couple looking to divorce. A divorce is often best done quickly in an attempt to prevent drama or conflict from sparking. Making a couple commit to spending time in counseling talking to a therapist about how to save their marriage may cause backlash. Many of these divorce laws were from a much different time period than the one we live in now. They were from a time where being anything but married gave a

Read More »

Former Massachusetts couple fighting for same-sex couples rights

A same-sex couple that used to live in Massachusetts is struggling to get divorced in another state. It is not yet clear if they will succeed, and they find themselves fighting for the basic right to divorce. The proceedings that are taking place in a southeastern state underscore the ongoing struggles for same-sex couples rights. The two individuals were married in 2010 in Massachusetts. Subsequently, they moved down south. The two are now attempting to divorce, but it appears to be a bigger battle than they may have originally imagined. Only one of the two appeared in court for a hearing, where they hoped they would hear that the judge would grant the dissolution of their marriage. The proceedings are pending in Florida, a state that does not yet recognize same-sex marriages. The judge is struggling with a decision to grant the divorce because the state doesn’t legally recognize their marriage in the first place. The parties could move back to Massachusetts, but they would have to satisfy the residency requirements in our state before a divorce could be granted in the Bay State. They would have to reestablish residency in Massachusetts for a one year period before a divorce could be granted in this state. Understandably, the one year residency requirement in Massachusetts is a roadblock for a couple that wants to get a divorce now. In the meantime, the parties find themselves fighting for same-sex couples rights in the state of Florida. The Florida judge has requested that

Read More »

Proposed bill prohibits dating while residing in marital property

When married couples decide to terminate their marriage, there is always a lot to consider, such as who will be the one to move out of the current residence. In many cases, one of the spouses will remain in the home during the divorce process, until the division of all marital property has been decided. It is not uncommon for individuals entering a new relationship before the divorce is finalized, unfortunately a recent bill that has been proposed in Massachusetts, may prohibit the couple from conducting their relationship while the marital home. The proposed bill will affect proceedings in which a shared residence and/or children are involved. If passed, the bill would prevent the spouse living in the marital home from dating or engaging in a sexual relationship within the house until the divorce is finalized. All aspects of the divorce must be resolved — including property division, custody arrangements and alimony agreements. The new bill was first presented last year, but has not been reviewed. An extension was granted for consideration in the state legislature until the end of June. If the bill passes and is signed into law, divorcing spouses would no longer be able to bring partners from a new relationship into the marital home until the divorce is finalized, including the determination of any issues regarding child custody or the finances between the parties. A divorce in Massachusetts is not deemed final until a minimum of 120 days from when it is granted. However, the bill

Read More »
Ask a question…
close slider

Life Complicated?
We Can Help

Fill out the form below and tell us your story.

Call Now Button