No matter how contentious a divorce is (or isn’t) and no matter how much wealth a couple has (or lacks), there will always be the matter of property division in a divorce. “Property” can actually constitute a wide variety of entities in a divorce. For example, did you know that debt is actually something that…
Getting divorced? How to retain ownership of a pet
Millions of American households have at least one pet and, for many pet owners, a dog or cat is regarded as being another member of the family. It makes sense, therefore, that issues related to pet ownership can become heated and contentious during a divorce. This can be especially true in cases where spouses purchased…
Separate property: when it may be eligible for distribution
If you are getting divorced, one of your primary concerns about the process is what will happen to all your assets. After all, ending a marriage will require that you and your soon-to-be ex divide up the properties, money and even the debts you have accumulated during the marriage, and this can be a troubling…
What factors do Massachusetts judges consider in assigning property?
In divorce, couples are ideally able to come to a mutually acceptable agreement regarding the division of marital property. Many couples, however, are not able to do this and must have the intervention of a court to solve the matter. As we’ve previously mentioned in this blog, Massachusetts courts utilize an approach to property division…
Documentation is a key part of a successful divorce
When someone decides to file for divorce or is even considering it, they often come in with a lot of questions when they visit their divorce attorney. One of the first questions that they may ask is about documentation: what paperwork will I need for this process? Although the answer might be quite overwhelming, a…
When it comes to the divorce process, preparation is key
Even in cases where an individual initiates and wants a divorce, going through the actual process can be both emotionally and financially draining. The latter is especially true in cases where an individual, regardless of whether or not a divorce was his or her idea, fails to take steps to prepare for the divorce once…
Should high-asset divorces include estate planning?
Although a couple may desire a quick and easy divorce, a recent article reminds of us the importance of taking a thorough inventory of issues and assets when a substantial amount of property is at stake. Indeed, a high-asset divorce can pose several challenges. For starters, Massachusetts state law contemplates alimony or child support minimums,…
Is debt division a major part of your divorce?
Massachusetts is a state where marital property is divided based on the principle of equitable distribution, which basically means a fair division. “Fair” is not always “equal,” however. Equitable distribution may involve the spouses’ shared debts, and dividing debts and assets can be particularly complicated when one or both spouses own a business. If you…
Don’t let an unfair divorce settlement cut you out of retirement benefits
People in the United States are living longer than ever before, and these days you need a good retirement plan. One major life event that can throw a kink in your plan, however, is divorce. In addition to updating your estate planning documents to reflect your new situation, you may need to consider your options…
Can you appeal a divorce decree in Massachusetts?
Whether you’re a regular reader of our blog or a first time visitor, chances are you are aware of the fact that Massachusetts divides property in a divorce according to the equitable distribution rule. Despite what is suggested by its title, equitable distribution doesn’t mean a 50/50 cut of marital property. In fact, there are…