August 2016

Indications that your ex may not trust your parenting

You do what you can to be a great parent to your child after a divorce, but does it seem like your ex just doesn’t trust you? One woman said that she thought her and her spouse would be able to split up cleanly and move on, but things didn’t go nearly as well as she’d hoped because her ex considered her to be the “other” mom, the one who wasn’t as capable of raising the child. According to her, the following are indicators that this is happening: — Your ex checks up with doctors, teachers and others after meetings that you attended to make sure things went well. — When you have the kids for any amount of time and you drop them back off, your ex wants detailed reports about what you did and when. — Your ex shames you for working too much and not spending as much time with the kids. This can be done in a way that implies that she is the real, caring mother, while you’re not. — Your ex spends time with the kids, while you end up paying child support. — Most of your children’s possessions end up at your ex’s house. A toy bought as a birthday present, for example, may go to the house when the next custody switch happens, and you’ll never see it again. Knowing what these signs look like can be important even as you’re still working through the divorce. The two of you will need

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Securing a father’s rights when a child is born

It’s crucial for fathers to understand how their relationship to a child is established, depending on the situation surrounding the child’s birth. This can help them to secure their rights when going through a divorce in Massachusetts. First off, a man is legally presumed to be the father if a child is born and the man and that child’s mother are married. While it’s true that this may not be the case — if infidelity was involved, for example — that assumption is made unless the truth is shown to be different. The same presumption is made even if the mother was pregnant before the two got married. For example, if a couple was dating, found out that the woman was two months pregnant and decided to quickly marry before the child’s birth, the same legal presumptions fall into place as if they’d gotten married two months earlier. The difference comes if the parents wait until the child has already been born and then they get married. If this happens, a legitimation form has to be signed. This claims that the man is the child’s father and gives him the rights he would have automatically gotten if the two had tied the knot before the birth. Finally, for parents who don’t get married, a voluntary acknowledgement of paternity may need to be used. This is similar to the legitimation form noted above, in that it establishes legal grounds to consider the man the child’s father. Parents don’t have to wait

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Stock options, though easily overlooked, could be valuable

People who get divorced often think about their rights regarding company-controlled assets. This doesn’t just mean a regular paycheck, but could also mean benefits or a pension plan. One thing they may often overlook, though, is the value of stock options. Stock options typically can be used in the first decade that the employee is with the company. Essentially, they mean that the employee can purchase stock in the company at the date of his or her choosing, buying the stock for the price it is at when the options are offered. This can be very valuable, and this asset may need to be split during a divorce just like anything else. For example, the shares may be worth $10 each when the option is offered. Ten years later, if the company is doing well, the shares may be worth $20 each. The employee can then buy these $20 shares for $10 each, instantly doubling his or her money. This eliminates the risk to the employee, as he or she can stand to see the stock lose significant value and still come out ahead overall. The employee also has 10 years of data to predict what the stock will do. If you’re heading toward divorce in Massachusetts, do not forget to consider stock options. Find out if your spouse has any and what value they may hold. Find out if stock has already been bought or if the right to buy simply exists. Above all else, make sure you know

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Court rules man can opt not to pay ex-wife $1.4 million

An heir to the Educor Inc. fortune will receive millions from a trust, and a court recently ruled that he does not have to pay his ex-wife out of that money. The money comes from a trust that the man’s father set up, which contains around $24 million total. The man also works for an Educor subsidiary as an assistant bookstore manager, and he brings in $170,000 per year. On top of that, the man’s brother paid him about $800,000 out of the trust. The brother is in charge of distributing the money. The man’s ex-wife, on the other hand, has been part of the Army Reserves and worked as a part-time ultrasound technician, making $22,672. She quit her post with the military just two years before she would have been eligible for a pension. Reports indicate that she did it to take care of her daughter, at the insistence of the family. Her daughter has Down syndrome. An appeals court had previously ruled that the man needed to turn over about 60 percent of the money from the fund, along with some interest, saying that it was part of the “fabric of the marriage.” The total he was meant to pay was $1.4 million. However, the Supreme Judicial Court recently decided that he should not have to pay since he was not the one in control of the fund, and there was technically the chance that he may not get payments in the future. The man’s lawyer agreed with

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Same-sex divorce tips

Divorce can be tough for same-sex couples, and it is something that will likely become more common as same-sex marriage also increases in frequency. There have been massive shifts in both law and public opinion over the years, leading to increased rights for same-sex couples. Those who are splitting up must know how their rights may have changed and what the legal process now looks like. As you sort through this, these tips can help make it all easier. 1. Remember that divorce is still a legal process. It’s emotional on your end because the relationship is ending, but try not to take the court process itself too personally. 2. Additionally, don’t make emotional decision — like fighting for assets you don’t even want out of spite. You want to put your negative emotions aside and make calm, rational decisions. 3. Have a support system. This could include your family, your friends, your legal team, or even some of your co-workers. Don’t be afraid to ask questions and get assistance. Don’t think you must do everything yourself. 4. Go through the divorce in a way you’ll later be proud of, without compromising any of your own ideals and values. When you look back, you want to be happy with the decisions you made and the way you acted. You want to know that you stuck with the things you really care about, whether your personal values include love, family, health and well being, or other things entirely. Divorce isn’t easy.

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