December 2015

Complex property division is often a source of contention

Property division during a divorce in Massachusetts is done based on what is equitable, not what is equal. This means that property doesn’t have to be divided equally. Instead, the property division is based on what is just and fair. When it comes to couples who have amassed considerable assets the property division aspect of the divorce can become rather complex. We can help you to learn what you need to know to ensure that your rights are protected as you go through the property division process. One aspect of a high-asset divorce that can pose a significant issue is the presence of stocks. Not only do you have to determine the actual value of the stocks, you also have to consider the type of stocks that are held. For example, stock options and restricted stocks must be handled in different ways because they are different assets. Another consideration in a high-asset divorce is the value of any businesses or retirement accounts that are present. These considerations are on top of trying to determine who gets real estate, heirlooms, antiques, and other valuables. All of these assets must be considered carefully and weighed against the debts that each party will be liable for. We know that you hate to think that the assets you worked so hard to get will be stripped away from you. While we can’t promise you that the property division will go exactly how you want, we can promise you that we will represent your interests.

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Information about determing the legal father of a child

You’ve probably heard about establishing paternity, but do you know what that really means? For a father who is not married to the child’s mother, it means that the man who believes he is the child’s father must prove he is. Establishing paternity can be done a couple of ways. One way is to sign a “Voluntary Acknowledgment of Parentage.” This must be signed by both the mother and the father. The man becomes the child’s legal father when that form is filed with the Registry of Vital Records. The man’s name can then be put on the birth certificate. If the mother does not want to sign the form or the man doesn’t think he is the father of the child, it is best to get a genetic marker paternity tests — a DNA test — to determine the man is the child’s father. If the DNA test shows that the man is the child’s father, then the Department of Revenue will help the father or the mother in asking the court to establish paternity. There are a number of benefits that come with the declaration of a man as the child’s father. These include: — The child gets rights to an inheritance. — The child can access the father’s life insurance benefits and medical benefits. — The child would be eligible to receive veterans benefits and social security benefits if applicable. — The child and the father could develop a relationship. — The child will have a better

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More people file for divorce in January

According to the American Academy of Matrimonial Lawyers, the number of divorce filings in the month of January is usually about one-third the normal rate. If you are considering filing for divorce after the holidays, you should have a plan in place. There may be many reasons why more people file for divorce in January. Some couples may have been reluctant to file for divorce during the holidays, particularly if they have children. Others may simply want a fresh start in the New Year. Regardless of the reason, filing for divorce can be a scary prospect. Before your file the divorce papers, there are steps you should take. First and foremost, you should make sure that getting a divorce is what you want to do. Many people file for divorce while emotions are still running high. Consider speaking with others to ensure that you are making the decision with a clear head. A therapist can be particularly helpful in sorting through your emotions and goals. You should also understand all of the financial implications of filing for divorce. For example, any property that you or your spouse acquired during the marriage is considered marital property under Massachusetts law. The law requires all marital property to be divided equitably. Another example of a financial implication is your tax filing status. This is determined by the status of the marriage on December 31st. If your divorce is not final by that date, you are still considered to be married in the eyes

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What can I expect in divorce court?

Though ideally every divorce would be settled civilly, outside of a courtroom, it is not realistic. You might be involved in a situation in which going to court is absolutely necessary. Examples include separations that involve cases of abuse or heated disputes over custody or personal property. Going to court can be a stressful process, but it does not have to be as intimidating as it may seem. Before you have your day in court, familiarize yourself with the process and learn what you can expect from divorce court. Despite what you might believe, a real-life court case is very much like what you might have seen on television. Watching a few episodes of Judge Judy before your case might help more than you would think—as well as relieve some of your stress thanks to the entertainment. If you started this action, you will be the petitioner or “plaintiff.” Your attorney will present your case to the judge and courtroom first. You might be called to the witness stand, where you will be sworn in and questioned about your situation. Once your lawyer has finished their questions, your spouse’s lawyer might choose to ask you a few questions. In most divorce cases, there are few or no witnesses. If there is one, it will probably be your child’s guardian ad litem. After your case has been presented, things will be turned over to your spouse’s attorney, who will then follow the same format. When both sides have rested, each attorney

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Alimony waivers in ante nuptial agreements

Alimony, or spousal support, is money paid by one spouse to another when a couple gets divorced. The general purpose of alimony is to help a spouse meet his or her needs after the marriage ends. In Massachusetts, either party to a divorce has the option to waive the right to receive alimony. When a couple’s ante nuptial agreement contains an alimony waiver, there are certain factors a court must consider in deciding whether the agreement is valid. If you are going through a divorce, consider speaking with an attorney who has experience in family law. Alimony laws can be difficult to understand. An attorney can look at your individual circumstances and help you decide whether waiving alimony is right for you. Under Massachusetts’s law, alimony can be waived by a prenuptial, or ante nuptial, agreement. An ante nuptial agreement is an agreement that a couple enters into prior to getting married. Courts scrutinize alimony waiver clauses in such agreements very closely. Essentially, in order for an alimony waiver clause to be enforceable, the court must find that: The agreement was valid at the time it is executed; and The agreement was fair and reasonable at the time of the parties’ divorce. In deciding whether an agreement is fair and reasonable, courts consider a number of factors. These factors include the age, intelligence, literacy level, earning capacity, and financial circumstances of each spouse. Courts will generally accept waivers of alimony unless one spouse will be left without enough property, income,

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