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Tag: family law

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

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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

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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

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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

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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

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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

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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

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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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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

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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

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