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

Can I get a temporary restraining order against my ex?

Individuals who are married, living together, have a child together, or have been in a substantive dating or engagement relationship can request an a 209A Order in Massachusetts, also known as the abuse prevention law which allows victims to ask for a court order to protect them. This is sometimes also referred to as an abuse prevention order, restraining order, or protective order. An individual seeking a restraining order must prove that the order is

Alimony, Child Support…and Plane Tickets? Navigating Long-Distance Child Custody Arrangements

Not Just a Drive Across Town Change can be hard on children, especially children of parents going through a divorce. The goal of the courts, as well as parents, is typically to see to the child’s best interest and try to provide as stable and consistent a lifestyle as possible. However, when parents live a significant distance from each other, or plan to move, this introduces new complications to a child custody situation. In this

It’s in Your Best Interest to Avoid a DCF 51A/B Investigation

The Massachusetts Department of Children and Families (DCF) takes allegations of abuse and neglect very seriously. When a report is made to DCF regarding suspected child abuse or neglect, a 51A report is filed. The 51A report initiates the intake process for a social worker or other DCF professional to reach out to the parents or caregivers to determine the report’s credibility and whether or not it indicates the need for an investigation regarding child

The Truth About Prenuptial Agreements And Who Should Have One

You may have recently entered a new relationship status—fiancée. However, the last thing on many new couples’ minds is a prenup. Couples often wonder if they need a prenuptial agreement. While some couples view a prenup as an exit strategy to a quick divorce, others view it as an insurance policy. Think of it this way, are you doomed to be in a car accident when you ride in a car with airbags? No, of

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

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

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

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

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