Couple married in Massachusetts battling over child custody

Many same-sex couples who were married here in Massachusetts more than a decade ago have gone on to live in other states where marriage equality didn’t exist until it became the law of the land. Massachusetts, of course, was the first state to legalize same-sex marriage back in 2004. One of those couples, who married here in Massachusetts in 2009 and later settled in Mississippi, is now in a custody battle that has made it way to that state’s Supreme Court. The couple, whose divorce was finalized last month, is fighting over custody of their sons. The women had a child conceived via in vitro fertilization while they were married. The woman who didn’t give birth to the now 5-years-old child was not allowed to be listed on the boy’s birth certificate and therefore is not considered his legal parent. She has since been denied the right to adopt him. The two also adopted a son, who is now 16. The woman who has pursued the custody case in court was denied joint physical or legal custody of either child. She was, however, granted visitation and ordered to pay child support. The issue of child custody in gay marriages is still a difficult one. Because same-sex spouses weren’t allowed to be listed as legal parents on their children’s birth certificates for many years if they weren’t the person giving birth, they have no legal rights as parents if the couple divorces. The woman pursuing this case says she hopes that

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Intellectual property is becoming more common in prenups

Prenuptial agreements are becoming increasingly popular among millennials who are entering into marriage. They’ve grown up in a generation where many of their parents have gotten divorced — sometimes after long, bitter battles over property. Therefore, it’s only natural that they’re aware of the possibility of their marriage ending, even though divorce rates in general are in decline. However, a primary incentive for a prenup for young couples may be something more than protecting traditional property, assets and inherited wealth. They’re more likely now to include intellectual property. The last couple of decades have seen the rise of tech entrepreneurs who became multi-millionaires or even billionaires because they had an idea for a software program, an app or a website that became wildly popular. Many people entering into marriage want to protect their right to the fruits of their ideas — even if they haven’t thought of them yet. Prenups can also include intellectual property such as music, screenplays, books and other works of art. They can include ideas for unique start-up businesses. As one divorce attorney notes, prenup stipulations can go “into the future for things that are not yet in existence.” Of course, placing a value on an idea that someone hasn’t even thought of yet can be tricky. However, an experienced Massachusetts family law attorney can help you incorporate language into your prenup that will help you ensure that, in the event of a divorce, you can keep the monetary benefits you’re entitled to for your ideas

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Terminating Alimony Payments

Under Massachusetts law there are a number of remedies available to spouse who pay alimony to modify, reduce or terminate spousal support. If a spouse who is receiving support remarries or either spouse dies, alimony stops. A spouse who is ordered to pay alimony may be required to get a life insurance policy that will provide support after the paying spouse dies. The length of the parties’ marriage plays a significant role in determining when support payments may terminate. Presumptive Durational Limits Marriages of five years or less allow for support payments of no more than half the number of months of the marriage to an economically dependent spouse. If a marriage lasts more than five years but less than 10 years, support may last for 60 percent of the total number of months that the marriage lasted. Support may be provided for 70 percent of the number of total months of the marriage for marriages of more than 10 years but less than 15 years in duration. This number goes up to 80 percent for marriages of more than 15 years but less than 20 years in duration. Payments may also be terminated if it can be proven that the recipient spouse is cohabiting with and has formed a common household with another person for at least three months. Economic interdependence must be proven along with other factors. Alimony may be terminated or modified for a variety of reasons. Spousal support may be ordered as part of a divorce

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Been in a motor vehicle accident and have whiplash?

Neck pain from a car accident may be the result of whiplash, also known as Whiplash Associated Disorder (or WAD). WAD is caused by a sudden jolting that occurs in the shoulders and the neck, most often a result of automobile accidents. Car accidents are a traumatic event. In a rear-end accident, the force caused by the impact propels your body forward with your head lagging a split second behind. The inertia from the impact moves throughout the body, causing a rubber banding affect that results in whip lash. In that instant your ligaments, muscles, and tendons can become torn. If you are unsure about your legal rights and need advice from a whiplash / neck injury lawyer, contact The Law Offices of David M. Gabriel and Associates to discuss your rights. Whiplash is tricky to identify, because the symptoms may take days to appear after an accident. One reason symptoms may be delayed is due to adrenaline and cortisol release after a collision. These hormones mask pain and cause a numbing effect that may last well beyond the collision. Once these pain numbing hormones leave your system, the true damage that has been caused remains. These injuries may require medical treatment. The symptoms you experience may range from mildly annoying and irritating to severe and disabling. Common Whiplash Symptoms of WAD • Tinnitus: Also known as a constant ringing in your ears • Discomfort caused by back pain • Issues with your vision including blurred vision • Vomiting or

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Property Division and a Second Divorce

When a Massachusetts couple is engaged, the last thing on their minds may be how their property would be divided in the event of a divorce. No one want to start a marriage by planning for the details of property division in the event of divorce. Unfortunately, statistics show that over 50% of marriages will not survive.  Couples walking down the aisle for a second or third time, should be aware that this number swells to 67%. Spouses who face a second divorce are more likely to take a greater financial hit the second time around. One reason that a second or later divorce is potentially more financially damaging is simple: there is often less to be divided. One or both spouses may still be paying alimony or child support from a previous marriage. In addition, many people see a decline in their financial stability when a prior divorce forces the sale of assets such as a home or investments. There could also be tax implications as a result of selling off assets to settle a divorce. Factor in a lethargic economy, a slowing job market and a persistent decline in home values, and it becomes easy to see how a second divorce can cause more financial damage than the first. The end of a second or third marriage may also come at a stage in a person’s life when retirement is on the horizon. Spouses may also be experiencing age related increased costs associated with health care. The best

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Divorcing at an older age

Although statistics suggest that the rate of divorce may be stabilizing across the US, one demographic is experiencing in increase in divorce rates. Americans aged 50 and older in Massachusetts and elsewhere are turning to divorce now, more than ever before. A professor at a leading university asserts that in 1990, less than one out of every ten people who filed for divorce were age 50 or older; today, that number has skyrocketed to one in four. Although the reasons for filing for divorce at a later age may differ for each individual, older adults who are ending their marriages share some commonalities. One is a more complex division of marital property, as each spouse may have accumulated a diverse set of assets over the course of their lives. Sociologists suggest that there are many factors that lead older Americans to seek divorce. Many have stayed in lackluster marriages as their children have grown to adulthood, believing that prolonging the split would be easier on their children. Another approach on aging suggests that 50 may be the new 30. Unhappy spouses recognize that they have the potential for longevity, recognizing that there may be a long road ahead plagued by unhappiness in their existing marriage. Additionally, more women are now engaged within the workforce, and are no longer financially dependent upon their husbands for financial stability. The American Association of Retired Persons supports this theory, pointing out that women over age 50 initiate divorce more often than men. It was

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Can legal marijuana use cost you custody of your child?

One of the measures on the Massachusetts ballot Nov. 8, Question 4, concerns marijuana. Specifically, it would legalize marijuana for recreational use by adults. Massachusetts is one of five states voting on legalizing recreational marijuana this month. If the measure passes, it would take effect on Dec. 15. However, marijuana retail outlets may not open until 2018. Some child welfare advocates are concerned about a provision in the measure that says that parents’ use of marijuana can’t be used as the primary basis for losing custody or visitation of their children without “clear, convincing and articulable evidence that the person’s actions related to marijuana have created an unreasonable danger to the safety” of a child. The rationale is that many people use marijuana responsibly, and, just as parents aren’t at risk for losing their children if they have an occasional drink, they shouldn’t face that risk if they use marijuana to relax instead. Those supporting that language in the measure point to Colorado, where recreational marijuana was legalized in 2012. People had their marijuana use used against them in child custody cases. One of the authors of the Massachusetts measure says, “Canna-bigotry in custody matters needs to end.” The state Department of Children and Families says that the language of the measure “could limit a social worker’s ability to consider any substances, including marijuana, as a factor for child custody. However, other child welfare advocates argue that social workers can take into consideration any factors that they believe are endangering

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Why married women need to be ‘financial grown-ups’

In a new book written by a personal finance columnist for Reuters, people who have achieved considerable success in business and finance discuss when they first became “financial grownups” in their own lives. For one woman, Sallie Krawcheck, a former executive with Citigroup and Bank of America and founder of an investment website, it wasn’t until she and her husband divorced when she was 28. That’s not unusual. Many women, even today, don’t find themselves taking control of their own finances until they and their husband split up. Ellevest, the website founded by Krawcheck, provides a digital investment platform for low-cost investment in exchange-traded funds (commonly known as ETFs) to help them build wealth. Krawcheck noted that changes in a person’s life can happen without warning. Whether it’s the death of a spouse or (as in her case) learning that your spouse is cheating on you, women who haven’t been actively involved in the household finances can find themselves having to deal with issues they aren’t prepared to handle at one of the most emotionally-devastating periods of their lives. She says it’s a “recipe for financial disaster.” Krawcheck admits that even though she was building a successful financial career when she was married, she was “managing my own finances like a 1950s-era, stay-at-home housewife. He paid the bills, he made the financial decisions. I didn’t even know what our assets were.” She advises all women to take control of their finances and for married women to learn from her mistakes

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