August 2015

Fighting for a divorce from a narcissist

Being married to a narcissist can be an incredibly difficult relationship. This is more than just someone who likes to look in the mirror a lot. True narcissism is a personality disorder, and it afflicts more than 10 percent of all Americans, including many in Massachusetts. While the relationship itself is hard, trying to get a fair and equitable divorce from a narcissist can sometimes feel downright impossible. The reason divorce is so difficult when it involves a narcissist is because this kind of personality disorder leaves the afflicted with little to no empathy for other people. This can be especially detrimental in a high-asset divorce, where stock options, real estate holdings and other expensive assets are at stake. While you may be willing to negotiate an equitable distribution, your partner may feel they deserve everything. What can be even more challenging is the fact that, in general, narcissists are vengeful. They will dig up every bit of dirt they can on you to use in court, and they will often berate you in front of your children. After all, narcissists typically do not empathize with you or with the kids. Even after the divorce is settled, they will do everything in their power to make sure you “suffer for what you did.” Of course, these are generalizations about those with a narcissist personality disorder. Every person who is afflicted with this disorder may act differently. One of the best ways to get through a high-asset divorce with a narcissist

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How adultery affects property division

One of the biggest news stories in the past few weeks has been the unfolding story of the hack of Ashley Madison. Ashley Madison is a site on which married individuals can find someone with which they can have an affair. Though adultery is not illegal, it is typically regarded as a terrible act. With the hack, about 37 million people have been exposed as cheaters, including many in Massachusetts. Briefly, a group called The Impact Team threatened to publish the data they had gathered by hacking Ashley Madison unless changes were made. Specifically, they wanted the site to disable the “full delete” feature, which allows users to wipe away any trace of their presence on the site. Ashley Madison refused, and the data was released for public consumption. As such, many couples in Massachusetts will likely be looking for a divorce in the next few months as their partner is exposed is a cheater. It is important to understand exactly how adultery plays into the divorce process, especially when it comes to dividing assets. In essence, adultery is a valid reason to grant a divorce in Massachusetts. But, it has no bearing on dividing marital property. The only exception is if the unfaithful partner spend large amounts of marital money on the affair. Otherwise, the infidelity is disregarded. Anyone who is considering a divorce due to adultery or any other reason may benefit from speaking with an attorney. A divorce lawyer may be able to provide in-depth information and

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Pets and property division

In a Massachusetts divorce proceeding, property is divided equitably, based on each partner’s income and other factors. One piece of property is often overlooked, though: your pets. Of course, thinking of your pets as property may feel as terrible as putting your children in the same category. They are part of the family, after all. The courts understand this, and have created a sort of mixture of property division and custody when it comes to your dog, cat or other animal. If one partner does not want to give up the pet, it is possible to create a sort of co-ownership, including visitation rights and other aspects. But, just like in a co-parenting scenario, a co-ownership means both parties are equally responsible for buying food, providing healthcare and the like for your pet. But if one partner wants total ownership, things can get a bit tricky. It often comes down to separate versus communal / marital property. If the couple bought the animal together, this is often grounds enough for co-ownership. However, if one spouse brought the pet into the marriage, or received it as a gift, it could be argued that it is separate property and therefore not subject to shared rights. The “gift” aspect is often the most complicated, as it could be implied that one spouse bought it for the other with the notion that it would become marital property. Like any other kind of property division dispute, pet ownership can be complex. As such, it can

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Massachusetts considering fathers’ rights statute revision

The Massachusetts State House recently heard testimony after testimony from teary-eyed fathers, pleading their case for change in the statutes that dictate shared custody, visitation and other child custody rights. The current proposed bill would push for shared parenting more than one parent over the other having sole custody. Massachusetts is one of about 20 states considering these kinds of laws. Supporters of the bill say shared parenting reduces the longevity and intensity of custody battles and divorce cases altogether. Recent studies have also shown that children benefit from spending as much time as possible with both parents. Sole custody tends to lead to more psychosomatic issues in children. Critics have logic on their side as well. They state that using a blanket law that guarantees visitation rights to both parents is dangerous. It could mean parents who have shown tendencies toward abuse or otherwise are not fit guardians could still be guaranteed visitation. Rather, they say, each dispute should be handled on a case by case basis, and the child’s best interest should also be the top priority. Because of these equally powerful arguments, the Massachusetts House and Senate have not given much indication either way about their ultimate decisions. But, supporters say they are still optimistic about the bill being passed and fathers being given more equitable visitation rights. Anyone who is facing an unfair custody arrangement may benefit from speaking with a divorce law attorney. An experienced lawyer may be able to petition the courts for a

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