Divorce and Family Law Archives - Briones Law Group - Marlborough Divorce Lawyers and Personal Injury

Missteps To Avoid In A High Net Worth Divorce

While divorce is prevalent across the country, each case is different. Real estate, business ownership, and significant financial interests can put you in high-asset divorce territory. Couples experiencing a high-asset divorce are prone to a number of common mistakes, all of which can be avoided. Like other marriages, high net worth couples don’t divorce without reason. From addictions to infidelity, extreme differences in parenting styles and growing apart, divorce always stems from one issue or

Is Massachusetts a 50/50 state when it comes to the division of assets in a divorce?

The Commonwealth of Massachusetts is not a 50/50 state. When a court is needed to rule on the allocation of assets, they are not necessarily divided equally between the two parties. While some states mandate a 50/50 split, Massachusetts is an equitable division state. Commonwealth laws dictate that the courts can decide on a fair division of assets regardless of who actually owned it. A court could declare that the division is 60/40, or 70/30,

Am I eligible to adopt in the state of Massachusetts as a single parent?

To be eligible to be an adoptive parent in the state of Massachusetts, the law states you must be at least 18 years old, and you or the child must be a resident of Massachusetts. In most cases, any married couple or single adult is eligible to adopt. If married, both spouses must be a part of the adoption. In nearly every adoption case, judges in adoption courts will consider the child’s best interests when

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

New 2019 Tax Law Affects How Alimony is Calculated.

Alimony is no longer tax deductible to the person paying alimony and can no longer be counted as income for the person who receives alimony. The 2019 tax laws have set the Massachusetts family law Bar into an uproar making it very difficult to resolve cases that involve alimony. Prior to Jan 1, 2019, the standard alimony calculation was 30 to 35% of the difference between the income of the Payor and the Payee. But

Debt and Divorce

During divorce proceedings, there is a separation between marital, and separate property. In Massachusetts, marital property must be divided equitably. Marital property can include both your assets and your debts. This raises the question: how is the debt divided up? One may think that a debt incurred in one spouse’s name, will be assigned to them after the divorce; however, this is not always the case. If a debt is incurred by one spouse, prior

Fathers, know your rights!

Did you know that fathers, even if listed on the birth certificate, have no rights with respect to their children if they were not married to the mother unless they file a court action? In Massachusetts, unmarried mothers have all of the rights and control until such time as father files for those rights in court. For example, if father and mother end their relationship and mother wants to move to a different State, it

The Gray Revolution

Have you ever heard of a “gray” divorce? This term refers to a marital split between two people who are over the age of 50. The divorce rate for this demographic is skyrocketing. Why would a long term marriage come to an end at advanced ages? There are a few factors at play; beginning with the fact that life expectancy has increased. Once a couple’s children have grown up and moved out, they may find

Is it true that courts favor mothers in child custody decisions?

While it remains a common belief that courts favor, or are even biased for, mothers in child custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of labor within households. Before women entered the workforce in large numbers, men were expected to be the providers. Women, on the other

Flat Rate v. Hourly Rate in Divorce and Custody Matters.

For the last five years, we have offered a flat rate for divorce and custody matters. There were several reasons why we decided to do so. If any of you have ever been billed at an hourly rate for divorce, you already know how expensive a divorce can be if your attorney is charging you for every minute of time they spend on your case. The reason is that divorce and custody issues are highly

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Category: Divorce and Family Law