mediation

Division of Marital Assets in Massachusetts: Protecting Your Financial Interests

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

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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

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What are the benefits of choosing mediation over litigation in a divorce?

When most of us think of divorce, we think of custody battles, endless legal filings, and costly court proceedings. The whole process of divorce can seem more daunting, and perhaps even more painful, than the emotional aspects of a marriage’s dissolution. But what if there was another way? Another, more humane, more gentle, less expensive way? There is: mediation. Not every divorce is contested. If both parties agree that the marriage should end, it is a much simpler process than when one seeks to prevent the divorce, or when it is necessary to assign fault to one partner or another. What remains for the spouses is to agree on the division of property, alimony allocation, and child custody arrangements. By meeting with a divorce mediator, such as one of our experienced family law attorneys, couples can work out the terms of their divorce face-to-face. The mediation process can save divorcing couples time, money, and heartache. Once an agreement is reached by both parties, an attorney can help with filing a petition for divorce with the courts. The court will then review the property distribution agreement signed by the divorcing parties. Once approved by the court, the divorce will be final. The whole process from petition to grant of divorce could be only a month, as opposed to a months-long legal battle. If you believe that divorce mediation is right for you, call our office today to arrange a consultation.

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Real estate central issue in many property division negotiations

In many Massachusetts divorces, issues involving child custody and child support take center stage. Another issue that sits at the top of most couples’ divorce proceedings involves property division. Massachusetts spouses should be aware that the time to handle all concerns that pertain to the division of property is before the divorce is final. Once the papers are signed, a spouse who is unhappy with one or more of the provisions within the agreement will have little recourse to make changes. Among the challenges of property division, issues over real estate generally top the list. Once a decision has been made concerning which party will retain the home, the next step should be providing a clean break for the other party in regard to liability for that property. Although one spouse will end up on the title to the home, both may be listed on the mortgage. This scenario leaves one person with full ownership rights to the home, and the other still on the hook for partial responsibility for paying the mortgage. In some cases, the spouse who keeps the house will stop making payments on the home for a variety of reasons, leaving the other party with badly damaged credit and no way to solve the issue other than covering the payment. The ex-spouse who signed off on the property would still not have any form of ownership in the property. The best way to avoid this problem is to clearly outline within the divorce agreement that the

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