Briones Law Group Blog

Who is responsible for paying debt after a divorce?

When couples decide to divorce, they understand the assets accumulated throughout the marriage will need to be divided. Generally, both parties seek homeownership and other real estate holdings, high-value assets, and child custody during this process. However, when it comes to debt, couples are usually slow to take responsibility. No matter who is responsible for accumulating the debt in a marriage, both parties can be held accountable. Under Massachusetts divorce law, marital property is divided

The Truth About How Much Your Personal Injury Case Is Worth

When determining how much a personal injury case is worth, it’s important to remember that every case is different and must be evaluated independently. Personal injury cases are anything but cut and dry, and there is no mathematical formula to determine how much one is owed for sustained injuries. Be wary of lawyers who claim they can immediately value your personal injury case as each case depends on many factors, such as the nature and

Property Division During Divorce When Only One Name Is On The Deed

Just like every marriage is different, the details of every divorce are different too. Couples have numerous reasons for only having one spouse’s name on the deed of their home. If this is the case for you and your spouse, this does not mean the deed holder automatically is awarded the house. Let’s review Massachusetts marital property laws to better understand property division and how your family home will be divided. Marital property is defined

Punitive Damages and Personal Injury Cases: A Rare Option in Massachusetts Courts

American law commonly recognizes two major types of compensation, or damages, that are available to victims of personal injuries: compensatory and punitive. In general, Massachusetts and the other New England states do not allow for punitive damages. One exception to this in the Commonwealth is in wrongful death cases. Compensatory Damages: An Overview In short, compensatory damages seek to provide an equivalent dollar amount to make up for the losses incurred by an injury. These

New Child Support Guidelines Issued

Changes to Massachusetts Child Support Guidelines Coming in October New guidelines will make substantial alterations to how Massachusetts courts calculate how much child support is owed, effective in October. After a decade of steadily decreasing child support requirements in Massachusetts, it seems that pressure by public advocacy groups has reversed this trend. The new guidelines, which go into effect on Monday, October 4, 2021 seek to address the depreciative impact of rising medical, childcare, and

Do I have custody rights as a non-biological parent?

A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto parent resides with the child and, with the consent and encouragement of the legal parent, performs a share of caretaking

What You Need to Know About Restricted Stock Units (RSUs) and Divorce

As part of the divorce process, both parties are required to complete a financial disclosure. This ensures both parties have a complete picture regarding finances. The financial disclosure includes details about all assets and compensation, including and Restricted Stock Units (RSU) grants. Before understanding how RSUs are divided in a divorce, let’s review a few basics. Restricted Stock Units RSUs are one of many ways employers can provide employees with an opportunity to share in

You Can Legally Hide Your Criminal Record

There are two different types of criminal records; one is available to law enforcement, judges, and probation officers, the other is a public record anyone can access. Following a criminal case, sealing or expunging a criminal record can help preserve your future. CARI vs. CORI While the terms CARI and CORI are often used interchangeably, they are two distinct records generated by different databases with different information. CARI stands for Court Activity Record Information.

Dividing Qualified Retirement Plans in the Aftermath of Divorce

Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a 401(k), are covered by the Employee Retirement Income Security Act of 1974 (ERISA). These types of retirement plans have stricter

Who Can Claim a Child as Dependent on Taxes After Divorce?

Divorce can be a trying life event, but add filing taxes into the mix, and most parents are running for the hills. Not to worry, by the end of this article, all of your divorce tax filing questions will be answered. Filing Status Let’s start with filing status. For couples going through the process of divorce, there are two filing options. When a divorce is pending but not finalized, the IRS still considers the couple

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