Chat with us, powered by LiveChat

Divorce

Is it legal to videotape my spouse behaving badly (verbal or physical abuse, infidelity, etc) as evidence in a divorce case?

As thoughts turn towards divorce, tempers can flare and people may behave in ways they normally would not be proud of, even in a relatively amicable situation. Of course, the bad behavior of a spouse—ranging from neglect of household duties to infidelity to abusive actions—may well have begun long before the divorce, and may well be the reason for it. In seeking a favorable divorce settlement, one that compensates you for violations of the marriage contract and shields you from your spouse’s ongoing bad behavior, you will want to have evidence to bolster your claims. In a world of smart phones, where everyone has both a video camera and a broadcasting station in their pockets, you may be tempted to record your spouse’s bad behavior. In a word: don’t. Massachusetts laws on recording interactions between persons are possibly the strictest in the nation. While many states have “two-party consent” laws, meaning that both (or all) people on a recording must know they are being recorded and consent to it, the Commonwealth takes it a step further. Recording private conversations falls under Massachusetts statute chapter 272, section 99, also known as the wiretap statute. Explicitly instituted as a measure against organized crime, the statute is of theoretical interest to law students because it addresses both police and civilian conduct with regard to recording in the same law. For civilians, there is an explicit ban on recording wire communications (i.e. phone conversations) and a ban on any audio recording by other means

Read More »

Holiday Custody

The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents, or happily mixed step-families might experience some tension and conflict around this time of the year. Given the stress of preparing for holidays, and the emotions invested in family celebrations, it is more important than ever for there to be good channels of communication about scheduling. When child custody agreements are involved, communication is even more important, especially if custody arrangements or their enforcement have been contentious issues in the past. Many shared custody agreements drawn up as part of the divorce settlements will specify holiday visitation and custody rights for each parent. For example, one parent may have the children for Thanksgiving and New Year’s, with the other parent having Christmas and the surrounding days. In the next year, the parents might swap time periods, following an alternating schedule laid out in the custody agreement. Changes happen, however. A flight back from a visit to grandma might be delayed by snow. A family wedding might be scheduled for the days after Christmas. A teenager with a mind of her own might want to go to a friend’s cookie-decorating party close to mom’s house an hour away, even though dad has custody for that date.

Read More »

When mediation may be your best option in divorce

Divorce, while never easy, does not have to be an ordeal. For couples who wish to amicably end their marriages, there are a number of processes available that do not involve a combative mindset and are designed to minimize conflict in favor of compromise. One of the most common processes that aim for a more cooperative dissolution of a marriage is mediation. Mediation is the non-adversarial divorce process most familiar to the general public. In mediation, a couple meets with a third party to discuss the division of assets, custody issues, alimony, and any and all other issues that need to be settled in the course of a divorce. With an agreement in place, the couple files for divorce in the courts. How, then, does a couple choose the best course when seeking to end their marriage without going through a lengthy and costly bout of litigation? While every couple and family’s situation is unique, if your working relationship with your spouse is professional and your separation truly is amicable, mediation may be the best option for you. Mediation has many factors in its favor. With the couple using one mediator, together, it is possible for them to split the costs. Along with a generally lower hourly rate, mediation offers couples more control over the scheduling of sessions and the total time frame of the process than litigation in the courts. Mediation is intended to reduce conflict by encouraging the calm and constructive expression of needs and wants. It is

Read More »

What is Collaborative Divorce?

More and more couples, facing divorce or legal separation, are already turning away from contentious court proceedings and long-lived litigation to legal mediation. Yet, there is a third option, separate from litigation and mediation: the collaborative divorce process. This method is only a few decades old, but it already boasts a worldwide network of legal practitioners. Mediation involves a couple meeting with a trained and licensed mediator to work out the terms of their divorce, consulting separately with their respective attorneys and financial professionals as needed. On the other hand, collaborative family law involves the two partners’ attorneys meeting directly and separately from their clients. This approach can be beneficial when clients do not trust themselves to talk directly with each other, or where there is a concern about spousal abuse. The “collaborative” in the collaborative divorce process refers to attorneys working together to create an agreement in the best interest of both their clients. Collaborative family law has a scope beyond that of divorce cases. It can also help cohabiting couples separate, or with post-divorce financial issues that arise such as college tuition or support for adult children. Though it is not widely known in public consciousness, collaborative family law practice is not fringe, nor is it risky. Thousands of families worldwide have benefited from the collaborative divorce process in a way they would not have if they had undergone mediation or litigation. The collaborative divorce process originated in the Midwest United States in the early 1990s. Over the

Read More »

What is the difference between a fault and no-fault divorce?

In the Commonwealth of Massachusetts, the grounds for divorce depends on whether you decide on a no-fault or fault divorce. A no-fault divorce does not require parties to prove blame for the breakdown of the marriage. Either or both parties can file to begin the process for a no-fault divorce merely pleading that the marriage is beyond repair, and it is time to move on. The ground for this action is “irretrievable breakdown of marriage”. A fault divorce is more involved. In the Commonwealth of Massachusetts, you have the option of filing for divorce and claiming one person is to blame for the failure of the marriage. Common grounds for a fault divorce include cruelty and abuse, desertion for one year or more, adultery, impotence, excessive use of drugs or alcohol, failure to provide support or maintenance, and sentences of five years or more in a penal institution. Proving a fault divorce can be difficult. It is recommended the accusing party have solid proof of any fault grounds. Make sure to consult with a knowledgeable attorney before taking any divorce action to understand your options. Contact our office to have your questions answered today.

Read More »

Protecting Assets in a Divorce

Divorce is as much a financial blow as it is an emotional one. Alimony and child support may take a large, even unreasonable amount out of your monthly paycheck. Conversely, if your income is much smaller than your soon-to-be-ex-spouse’s, or if you stayed at home to look after the family, you might find yourself in dire financial straits if you are not awarded a just settlement. You deserve a divorce settlement that takes into account your circumstances and your contributions to the marriage— and financial, logistical, or emotional. In this article, you will find three steps to follow to protect your assets in divorce and reach the settlement that is best for you. I. Be Open and Honest—and Savvy On your end, it is important not to hide any of your assets. Hiding your assets, or even appearing to hide your assets, may be used against you in court by your spouse and his or her counsel. In fact, most people’s attempts to hide their assets—by spending large amounts of cash—fail to improve their divorce outcomes. This is for two reasons. First, because Massachusetts family courts take into account income (earnings) rather than expenditure (spending). Second, because assets are defined as more than cash, excessive spending fails to protect non-liquid holdings like stocks, bonds, and even intellectual property. To understand the full scope of your assets, it is worth investing in professional help to you value and locate them. This way you can have the knowledge you need to II.

Read More »

I was married and last lived in Massachusetts with my spouse but do not live in Massachusetts now, can I get divorced in Massachusetts?

While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on how long you’ve resided outside of Massachusetts. While most states require you to be a resident before you may file divorce papers, the required length of residency varies per state. In most cases, it’s at least a minimum of six months. To file for divorce in the state of Massachusetts, one of the following must apply: You, or your estranged spouse, have lived in the state for a year, OR You lived with your spouse as a married couple in Massachusetts when your “grounds” for divorce happened. You should be aware that whatever court handles the initial divorce settlement has jurisdiction over all other residual issues such as child custody, child support, and any amendments to these arrangements. Because divorce laws can vary dramatically between the states, it is important to understand how residing in different locations may impact your right to marital property, child custody, alimony payments, and child support payments. Make sure to consult with a knowledgeable attorney before taking any action to avoid any filing issues. Contact our office to have your questions answered today.

Read More »

I’ve been estranged from my husband and want to remarry. Will Massachusetts grant me a Bifurcated divorce?

Bifurcation of divorce allows spouses to become legally divorced before the divorce details have been finalized. The option to remarry is the most common use of bifurcation; however, some couples seek a bifurcation to distinguish between marriage or pre-marriage property. In states that permit bifurcation, the court will handle the end of the marriage separately from the other divorce matters to permit the parties to remarry while providing additional time to resolve the remaining issues. This means all other resolutions such as child custody, visitation, support, distribution of property, and attorney fees are determined at a later date. Individual states such as Texas, New York, Michigan, and Arizona do not allow bifurcation in divorce cases. Even if you are living in Massachusetts, if you were married in a state that does not allow bifurcation, it will not be granted, and all issues of the divorce must be resolved before the divorce is finalized and the couple can claim legal single status. The process of bifurcation generally requires the filing of legal documents; however, both parties must agree to a bifurcated divorce before a court will grant one. There is an exception to this if the requesting party shows good legal cause for bifurcation and the court agrees that the action would not jeopardize the interests of the other party. You should consult with a knowledgeable attorney before taking any action, as there are certain restrictions in place that can affect the process in various ways.

Read More »
Ask a question…
close slider

Life Complicated?
We Can Help

Fill out the form below and tell us your story.