What Are Temporary Orders in a Massachusetts Divorce Proceeding?

David M. Gabriel & Associates

Divorce proceedings in Massachusetts can be complex and lengthy, often requiring immediate attention to various urgent matters before the finalization of the divorce. To address these immediate needs, the Massachusetts courts may issue temporary orders. These orders are designed to provide short-term solutions to pressing issues related to child custody, support, and property management. Purpose of Temporary Orders Temporary orders serve as interim rules that both parties in a divorce must follow until the final orders are issued. These orders are crucial because they help maintain stability and order during the tumultuous period of divorce proceedings. They cover a range of issues, including but not limited to child custody and visitation, child support, spousal support, and the use of marital property. Applying for Temporary Orders In Massachusetts, either party in a divorce can file a motion for temporary orders shortly after filing for divorce. This motion must specify the issues needing immediate attention and the proposed resolutions. For example, a parent may request temporary custody of the children or seek financial support to cover household expenses. The court usually schedules a hearing where both parties can present their arguments. It’s essential for individuals to prepare adequately for this hearing, as the decisions made can significantly impact the dynamics of the divorce proceedings. Common Issues Addressed by Temporary Orders Child Custody and Visitation: Temporary orders can establish who the children will live with during the divorce and how visitation with the non-custodial parent will be handled. Child and Spousal Support: These

What Does Contempt of Court Mean in Massachusetts Family Law?

David M. Gabriel & Associates

Contempt of court is a serious issue in family law cases that can have significant consequences for the parties involved. As Massachusetts family law attorneys, we discuss what it means to be held in contempt of court, provide relevant information specific to Massachusetts laws and regulations, and offer a few examples and potential remedies for typical contempt situations. What is Contempt of Court? Contempt of court occurs when an individual willfully disobeys a court order or shows disrespect to the judicial process. In the context of family law, this often involves violations of orders related to child support, alimony, custody, visitation, or property division. Contempt can be either civil or criminal, with different implications and remedies for each. Civil vs. Criminal Contempt Civil Contempt: The primary purpose of civil contempt is to compel compliance with a court order. It often involves sanctions such as fines or imprisonment until the offending party complies with the order. Criminal Contempt: Criminal contempt is punitive and seeks to punish behavior that disrespects or defies the authority of the court. It can result in fines, imprisonment, or both. Massachusetts Laws and Regulations In Massachusetts, contempt proceedings are governed by specific statutes and rules. According to Massachusetts General Laws Chapter 215, Section 34, the Probate and Family Court has the authority to enforce its orders through contempt proceedings. The Massachusetts Rules of Domestic Relations Procedure also provide guidelines for filing and prosecuting contempt actions. Typical Contempt of Court Situations in Family Law Child Support Non-Payment One of the

How Does Same-Sex Divorce Work in Massachusetts?

David M. Gabriel & Associates

Since Massachusetts became the first state in the nation to legalize same-sex marriage in 2004, thousands of couples have built lives together under the same legal protections as opposite-sex spouses. However, when a same-sex marriage ends, the process of divorce can present unique emotional and legal challenges. While the law treats all marriages equally, certain issues—such as asset division, child custody, and the marital home—can be more complex depending on how long the relationship existed before marriage equality was recognized. Understanding the legal landscape and planning strategically can make a significant difference in achieving a fair outcome. Asset Division and Property Rights Massachusetts is an equitable distribution state, which means marital property is divided fairly, though not necessarily equally. For same-sex couples, the challenge often lies in determining when “marital property” begins—especially if the couple shared assets long before they were legally permitted to marry. Courts generally consider assets and debts acquired after the marriage date as marital property, but they can also consider contributions made before marriage when deciding what is fair. To protect your interests, it’s important to document financial contributions, asset growth, and joint investments over time. Retirement accounts, real estate, and jointly owned businesses can be particularly complex to divide. Working with an experienced Massachusetts family law attorney ensures that all relevant financial details are identified and valued accurately during the divorce process. Child Custody and Parental Rights For same-sex couples with children, child custody is often the most emotionally charged part of divorce. Massachusetts courts determine custody based on the best interests

Division of Marital Assets in Massachusetts: Protecting Your Financial Interests

David M. Gabriel & Associates

One of the most critical aspects of divorce proceedings is the division of marital assets. In this article, we provide helpful and informative content on how Massachusetts law handles the division of marital assets and how you can protect your financial interests during this process. Understanding Marital Assets Before we delve into the division process, it’s essential to understand what constitutes marital assets. In Massachusetts, marital assets are generally considered to be any property or debts acquired during the course of the marriage. This includes real estate, bank accounts, retirement funds, investments, businesses, vehicles, and personal belongings, among others. However, it’s crucial to note that not all assets are automatically considered marital. Assets obtained before the marriage, inheritances, and gifts specifically given to one spouse are typically considered separate property and may not be subject to division. Nevertheless, commingling of separate and marital assets can complicate matters, making it crucial to seek professional advice to distinguish between the two. Equitable Distribution in Massachusetts Massachusetts follows the principle of “equitable distribution” when dividing marital assets. This means that assets are not necessarily divided 50/50 but in a manner deemed fair and just by the court. In determining what is equitable, the court considers various factors, including: Length of the Marriage: The duration of the marriage can influence how assets are divided. Longer marriages may result in a more even distribution. Contribution to the Marriage: The court assesses the financial and non-financial contributions of each spouse to the marriage. Contributions can include

Massachusetts SJC Changes Alimony and Child Support Calculations

David M. Gabriel & Associates

The Supreme Judicial Court’s recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts family court cases. The court’s decision, which was issued in June 2022, has revised the way in which income is considered when determining support payments, and has introduced a new approach to calculating alimony and child support in cases where both elements of support are involved. One of the key changes brought about by the Cavanaugh decision is the inclusion of employer contributions to retirement as income when determining support payments. This decision has significant implications for those who are going through a divorce, as it will impact the amount of support that is paid. Those who are seeking support payments, or who are going through a divorce, should understand the implications of this decision and be prepared to consider the impact of employer contributions on their support payments. Calculating Alimony and Child Support Another important aspect of the Cavanaugh decision is the introduction of a new approach to calculating alimony and child support in cases where both elements of support are involved. Previously, child support was calculated first, which often made an alimony calculation unnecessary. However, under the Cavanaugh decision, alimony should be calculated first. This new approach involves adding the alimony payment to the payee’s income and subtracting it from the payor’s income, and then using these new incomes to run the Child Support Guidelines. In September 2022, the SJC

The Types of Alimony and The Mistakes to Avoid During Alimony Negotiations

David M. Gabriel & Associates

Not all divorce cases result in court-ordered spousal support, also known as alimony. If you believe alimony will come up during your divorce, there are a number of things to bear in mind. Individuals who are divorcing or are divorced can request and receive spousal support payments. Alimony is paid by the spouse with higher means to supplement a spouse who needs support. 4 Types of Alimony There are 4 different types of alimony that the Court can award: General term alimony payments depend partly on the length of the marriage. Support is paid regularly to a financially dependent ex-spouse. Rehabilitative alimony is provided for a predicted time to an ex-spouse who’s expected to be able to support themselves. Reimbursement alimony support can be paid to an ex-spouse who helped cover expenses enabling the paying spouse to complete an education or job training. Payments can be made regularly or one time, but only applied to marriages lasting no more than 5 years. Transitional alimony may be paid regularly or one time to help the spouse receiving the alimony to settle into a new lifestyle or location as a result of the divorce. This type of alimony only applies to marriages lasting no more than 5 years. Whether contemplating or filing for divorce, both parties should be familiar with common pitfalls to avoid during alimony negotiations. Mistake #1 Hiding Money It’s a mistake to spend a lot of money prior to going to court in an attempt to pay less in

It’s Tax Time—Make Sure You Understand Child Support and Taxes With These FAQs

David M. Gabriel & Associates

To help you better understand child support and taxes, we’ve compiled frequently asked questions to shed some light on this complex situation. Q: Do I have to pay child support with 50/50 custody? A: Parents with a shared custody arrangement may still be responsible for child support payments. A calculation assuming each parent as the primary caretaker is the first step to determine if child support is necessary. Next, the difference in parental earnings will be calculated (the income from the lower-earning parent is subtracted from the higher earnings). Finally, the difference is the presumptive child support amount the higher-earning parent will pay the other. For more information about how child support calculations are made, you can refer to mas.gov. Q: What is the average child support paid per child? A: Each case is determined according to the families involved. The parental earned income is used to determine payments awarded; therefore, no predetermined average indicates child support per child. Q: Can child support take your whole paycheck? A: Child support payments deducted from wages are based on a percentage. Calculations are used to ensure the payor can still meet personal living expenses. As a payor, you are not expected to lose your whole paycheck. Q: Can your child support be reduced if you have another child? A: Having another child is not grounds for decreasing existing child support. Q: Is child support based on gross or net income? A: Child support in MA is based on gross income from all

Hiring The Best Divorce Lawyer To Represent You Through Your Divorce

David M. Gabriel & Associates

Accepting that your marriage is over isn’t easy, but finding the right divorce lawyer should be! Just because their website includes divorce does not mean a particular attorney is right for you. There are many considerations when selecting the best divorce attorney for your case and the fact they practice family law is simply not enough. This article will outline essential questions you should ask when consulting or interviewing a divorce lawyer for the first time. Attorneys aren’t one-size-fits-all and it’s important to have a connection with your attorney, feel comfortable and confident when working with them, and of course be assured they know the law, the process, and the court. Before diving into your search, be aware that divorce attorneys cannot guarantee outcomes or predict the total cost of a case. However, an experienced divorce lawyer should be able to walk you through options, establish a roadmap, and set appropriate expectations that help you prepare for the length, expense, and potential results of your case. Start your search by identifying several divorce lawyers in your area. After doing your due diligence such as researching their experience and reading client reviews, make contact with your top choices. You should ask for a case evaluation which is often offered by phone at no cost and is an opportunity for the attorney to better understand your situation as well as for you to ask questions to help determine your comfort level in working with this attorney. Make a list of questions to

What Are Temporary Orders in a Massachusetts Divorce Proceeding?

What Does Contempt of Court Mean in Massachusetts Family Law?

How Does Same-Sex Divorce Work in Massachusetts?

Division of Marital Assets in Massachusetts: Protecting Your Financial Interests

Massachusetts SJC Changes Alimony and Child Support Calculations

The Types of Alimony and The Mistakes to Avoid During Alimony Negotiations

It’s Tax Time—Make Sure You Understand Child Support and Taxes With These FAQs

Hiring The Best Divorce Lawyer To Represent You Through Your Divorce

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