divorce

Social media rants may affect alimony and child support

Social media, Facebook in particular, has become an integrated part of the lives of many Massachusetts residents. Some of us have become so accustomed to sharing our lives online that we update and post almost automatically, with very little thought given to what could happen to that information once it is out of our hands. However, when it comes to issues surrounding one’s divorce, posting is not the best policy, and can actually have serious ramifications for issues such as child support and alimony. Even if you think that your former partner does not or cannot see your Facebook activity, this is not the place to air your grievances about the marriage or divorce. If you make comments online that can be proven false, such as claiming that your ex is not meeting his or her child support obligations, the other party can sue you for libel. Also consider the long-term ramifications; if you post negative things about the other spouse and he or she loses a job because of it, their ability to pay child support or alimony could be severely limited, and they could approach the court to ask for a reduced amount. Another thing to remember is that Facebook is forever. What you write, can almost always be recovered and brought to the attention of a court, even if you have erased it from your news feed. That heightens the risk that a child may one day read the negative things you said about the other parent.

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Divorcing individuals in Massachusetts should examine their finances

Because couples in Massachusetts are not immune to potentially going through divorce, it is important to understand what separation could mean if such a decision is made. Financial needs will differ after a couple separates, and there will be many agreements that will need to be made in terms of alimony and other aspects. As a result, it is important for parties to understand their financial situation before divorce takes place. Bank accounts are one area that should be noted before separation. This examination will allow a party to understand how much money is in those accounts and what division of those funds could mean for their situation. If divorce has been decided upon, opening a bank account that is not shared with the other party is a wise step. Examining the debt that could be taken on after divorce is also an action that an individual may wish to carry out. Attempting to diffuse any accumulated debt before the separation would be ideal. However, many individuals know that it is not always easy to repay balances quickly, and therefore, preparing a payment plan for after divorce could be beneficial. Financial needs are important to assess at any time, but it can make a considerable difference when divorce is on the horizon. Understanding the current state of finances will help prepare for the future and how those funds will be impacted by alimony, child support and property division. Having the right information on such issues can play a role in

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Complex asset distribution in a divorce

If you have brought considerable assets into your marriage, or your marriage has lasted long enough for you to accumulate substantial wealth and material possessions, the ending of the marriage by divorce can be an even more stress-filled endeavor than it is ordinarily. It is not just accurately assessing the dollar value that can be problematic; you can also have a contentious experience with your soon-to-be ex-spouse as to who is entitled to what. You may have a nice home, considerable liquid assets in a variety of accounts, a substantial investment portfolio, real estate holdings other than your home, pensions and other retirement accounts, and so on. If you have worked closely with an accountant to protect your assets, you might also have structured your holdings to minimize your tax consequences, but in an asset division this can add to your potential headaches. Helping our clients to understand equitable distribution in Massachusetts, particularly with high-value assets on the line, is something that we at David M. Gabriel & Associates have extensive experience with. We can help you to carefully assess each asset’s actual value, and to navigate specific circumstances like assets connected to a business or properly determining whether an asset is a marital or a separate one. Your divorce may be amicable, but complex asset division can still become a source of friction when it comes to reaching a fair settlement. You will want a law firm to represent you that diligently represents your interests. To learn more about

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Using a divorce lawyer may be the best way to reach a divorce agreement

Deciding to file for a divorce is a major decision for most couples. With many online solutions available, it is not uncommon for Massachusetts couples to think that they can handle their own divorce. However, they are often unprepared for the many stumbling blocks they may face without the guidance and support of an experienced divorce attorney. When minor children are involved, child custody and parenting plan agreements must be reached and submitted for court approval. Another area of a divorce that may prove to be more challenging than initially thought is property division. Under Massachusetts laws of equitable distribution, couples may decide on how to divide their assets, as long as it is done in a fair manner and carries the approval of the court. This is where unexpected contention often arises. After navigating these aspects, spousal support and child support will have to be determined. In Massachusetts, regardless of whether a divorce attorney is retained or a couple decides to handle their divorce themselves, there are specific waiting periods. The waiting periods between filing the divorce complain and the court hearing are dependent on the type of divorce filing (contested or uncontested). After the final hearing, another waiting period must be observed before a final divorce decree is issued. Considering the complexity of all the issues, many Massachusetts couples choose to utilize the services of an experienced divorce attorney to avoid stumbling blocks. David M. Gabriel and Associates can guide each client to reach a divorce agreement that

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Divorce in Massachusetts for same-sex couples

Massachusetts has recognized same-sex marriage for a decade. With marriage comes the possibility of divorce. Divorce and ending domestic partnerships can be difficult and complex undertakings for anyone, but this is especially true for same-sex couples because the law has not always been clear on the rights of these individuals. Still, couples in same-sex relationships have many of the same concerns as their different sex counterparts, including property division, handling of debt, issues of alimony and tax considerations. Another frequent source of concern for married couples or those in domestic partnerships is how to handle issues related to children that resulted from the relationship. Visitation and child support can be contentious matters, and that is the case even when a couple was married when the child was born or adopted. If a couple had a serious relationship that resulted in a child or children, but the couple never married, this can make determining support, custody and visitation even more complex. The good news is that unmarried couples with children have become increasingly common in the last 50 years, so there are far greater options for non-married parents who want to continue relationships with their children. If you are considering a divorce or terminating your relationship with the parent of your child, a variety of legal considerations needs to be accounted for. Many of these issues can be decided out of the courtroom, but however they are determined, understanding the law can be beneficial to obtaining an equitable outcome. For more

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Massachusetts hopes gay marriage rights will spread

Going through a divorce can be difficult for any couple that wishes to no longer be married. The process can at times be drawn-out and stressful, depending on the circumstances of the situation. For individuals involved in a gay marriage situation, their wish to divorce can become even more difficult if they live in a state where their marriage is not recognized as legal. Massachusetts was the first state to legalize same-sex marriage, and now, representatives in the state hope to keep the pro-gay marriage movement going. A brief was recently filed with the United States Supreme Court, in hopes that the court system will look at several cases regarding whether state bans on same-sex marriage should be considered unconstitutional. Many individuals who are advocating that same-sex marriage be legalized in other areas argue that not allowing the marriages is a violation of the 14th Amendment. It was also reported that the legalization of the unions in Massachusetts has had a beneficial impact on families and marriage itself. Unfortunately, individuals who live and marry in the state may feel that they are unable to move to certain other states due to same-sex marriage not being legal in those areas. Should they move to one of those states, they may be unable to qualify for certain benefits or even be unable to divorce if they should wish to do so. Though same-sex couples in Massachusetts have the ability to legally participate in gay marriage, the topic of other states overturning the

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Stricter divorce laws may cause conflict

Since the beginning of the battle of same-sex marriages, it was often said by Massachusetts same-sex couples that traditionalists should focus more on lowering the rates heterosexual divorce, rather than prevent same sex-couples from marrying. It now appears that traditionalists are doing just that in some states. Many often think that once a marriage is emotionally over, it will be no issue to divorce, but lawmakers may be trying to now prevent that. A no-fault divorce used to be seemingly easy to come by, but some opponents are hoping to make the process more difficult. Recently in some states, lawmakers have attempted to pass bills making a no-fault divorce more difficult. The bills ranged from anything to longer wait periods for a divorce or limiting and even excluding reasons a couple would be able to ask for a divorce. When a marriage is past the point of saving, a couple typically knows it. Recent attempts at mandating counseling before a couple can divorce have been approved, although it could end up making things worse for the couple looking to divorce. A divorce is often best done quickly in an attempt to prevent drama or conflict from sparking. Making a couple commit to spending time in counseling talking to a therapist about how to save their marriage may cause backlash. Many of these divorce laws were from a much different time period than the one we live in now. They were from a time where being anything but married gave a

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Former Massachusetts couple fighting for same-sex couples rights

A same-sex couple that used to live in Massachusetts is struggling to get divorced in another state. It is not yet clear if they will succeed, and they find themselves fighting for the basic right to divorce. The proceedings that are taking place in a southeastern state underscore the ongoing struggles for same-sex couples rights. The two individuals were married in 2010 in Massachusetts. Subsequently, they moved down south. The two are now attempting to divorce, but it appears to be a bigger battle than they may have originally imagined. Only one of the two appeared in court for a hearing, where they hoped they would hear that the judge would grant the dissolution of their marriage. The proceedings are pending in Florida, a state that does not yet recognize same-sex marriages. The judge is struggling with a decision to grant the divorce because the state doesn’t legally recognize their marriage in the first place. The parties could move back to Massachusetts, but they would have to satisfy the residency requirements in our state before a divorce could be granted in the Bay State. They would have to reestablish residency in Massachusetts for a one year period before a divorce could be granted in this state. Understandably, the one year residency requirement in Massachusetts is a roadblock for a couple that wants to get a divorce now. In the meantime, the parties find themselves fighting for same-sex couples rights in the state of Florida. The Florida judge has requested that

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