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Tag: ​Divorce

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

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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

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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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What Is Child Support and how is it determined by the court?

Both parents are legally obligated to provide for their children. If the parents separate, this expectation is continued through the process of child support. At the dissolution of their relationship, typically one parent will retain primary custody of the child while the other receives parenting time. The understanding is that the child with custody, otherwise known as the custodial parent, will provide support through paying for the child’s daily care, while the other parent, the

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Divorce and College Financial Aid

Believe it or not there is an upside to divorce when it relates to matters of college financial aid. The FAFSA (free application for federal student aid) is the dreaded form that every parent with college aged children must fill out every year. In conventional families, the income of both parents is taken into consideration. In divorced families, the custodial parent fills out the FAFSA and it’s only their income that’s considered. In many cases,

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Is mediation better than hiring a lawyer for your divorce?

As an attorney, you may think my answer to this question is a little biased. What most people don’t know is that essentially a joint divorce agreement which is what a mediator helps a couple draft, can just as easily be done by an attorney for about the same cost. There is one advantage to using an attorney however. An attorney will also take care of all of the court filing and the necessary paperwork

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When is it time to call a marriage?

Fear is the biggest reason people hold off on beginning the process long after the marriage is over. Fear about what the effect the divorce will have on their children, fear about how you’re going to make ends meet, fear about what you are entitled to from the marriage. If the fear doesn’t do you in, the misery of your current situation will. I see people in all stages of the divorce process. Because I

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Domestic Violence and Your Divorce

Last year, I began working with a fantastic organization that works with survivors of domestic abuse and I have learned so much about domestic violence, domestic abuse and its impact on people especially those going through a divorce. I’d like to share with you a few of the things that I have learned along the way. I have learned that at least one in every three relationships has elements of abuse. I have learned that

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How to change a divorce agreement.

All too often, I have people ask me if they can change their divorce agreement. And the answer is, maybe. When you get divorced, you divide up your property. That is permanent and you cannot go back later and change anything. Matters relating to child support and child related issues are modifiable but only if you can prove a change in circumstances. An example of this would be: let’s say you lost your job and

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