family law Archives - Briones Law Group - Marlborough Divorce Lawyers and Personal Injury

Divorce from Out of State: Filing for Divorce When One or Both Parties Reside Outside of Massachusetts

Divorce can be a challenging and emotionally charged process, and when one or both parties reside outside of Massachusetts, it can become even more complex. At Briones Law Group, we understand the unique legal intricacies that can arise when pursuing a divorce from out of state. Understanding Jurisdiction and Venue Jurisdiction and venue are fundamental legal concepts in any divorce case, but they become particularly crucial when dealing with out-of-state parties. Jurisdiction refers to a

Navigating Child Support Guidelines in Massachusetts: Obligations and Modifications

Child support is a critical component of divorce or separation cases involving children. It ensures that both parents contribute to the financial well-being of their children. In Massachusetts, child support is determined based on guidelines established by the state. Understanding these guidelines and the process for obtaining child support can help parents navigate this aspect of family law. This article will explore the obligations and modifications related to child support in Massachusetts. Child Support Guidelines:

Residency Requirements for Filing for Divorce in Massachusetts

Filing for divorce can be a complex and emotionally challenging process. To file for divorce in Massachusetts, you must meet specific legal requirements, including residency requirements. In this article, we will provide you with an in-depth understanding of the residency requirements for filing for divorce in Massachusetts and explore the circumstances which non-residents can file for divorce in Massachusetts. Residency Requirements for Filing for Divorce in Massachusetts In Massachusetts, either you or your spouse must

Massachusetts SJC Decision Affecting Alimony and Child Support Calculations

The recent Supreme Judicial Court (SJC) decision in the case of Cavanaugh v. Cavanaugh has changed the way lawyers think about alimony and child support in Massachusetts family court cases. The SJC’s decision, which was issued in June 2022, has caused a significant shift in the way family court cases are approached, as it has revised the way in which income is calculated when determining support payments. In Cavanaugh v. Cavanaugh, the Court noted the

What To Ask For In Your Divorce Settlement

A fair divorce settlement leaves both parties with what they need to start over. Before negotiations begin, you should discuss your options with your divorce attorney. To help guide your negotiations and avoid surprises, you should create a list of your nonnegotiables, the things you’re willing to be flexible on, and the things you’re willing to live without. Below is a list of topics to consider when determining what to ask for in your divorce

Massachusetts Child Relocation Laws After Divorce

Divorce, custody, and visitation are legally binding court rulings. While parents have the right to relocate, taking children is another matter. Under Massachusetts law, divorced parents are required to obtain permission from their child’s other parent or the court when relocating with their child. Relocating outside a specified location can impact custody and visitation rights. If you or your ex is planning a move that will alter the terms of any agreements made during a

What to Expect During a Massachusetts Divorce

When considering divorce, there is a lot at stake. Many people are overwhelmed by the legal aspects of divorce, so this article will outline some common questions individuals ask during a Massachusetts Divorce. How much does a Massachusetts divorce cost? Wanting to know the cost of divorce is understandable. Unfortunately, the answer differs for every case as each couple faces unique circumstances. Some common variables that can impact the cost of divorce include: The willingness

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

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

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