S. Tracy Fischer's Answers

He owns the house and I have been living with him for 5 years and married 2, is the house considered marital property?

Unless there was a pre marital agreement, the house would certainly be considered a marital asset. Regardless of whose name is one the home, it would still be a marital asset. The determination of who would move out or stay in the home would ultimately be determined by a judge based on all of the circumstances, one of which might be who would ultimately end up living in the home permanently. The determination of who would need to leave the home could take many months. In mediation, the two...

8 lawyers agreed with this answer

1 person marked this answer as helpful

Can a signed separation agreement be modified?

This may start to become a more frequent issue. The signed agreement is considered to be a contract that may be enforceable, but without being approved by a Probate Court Judge as part of a Divorce Judgment, it will not be enforced by the Probate Court. A Probate Court Judge would have to make a finding that your agreement is fair and reasonable under the current laws. If this agreement would no longer pass that test according to a Probate Court Judge, then the agreement would not be...

7 lawyers agreed with this answer

Is it bettter to have an aggressive divorce attorney or a collaborative one

When an attorney is acting as a "collaborative" attorney, the hope and intention is that the other party will also engage a collaborative attorney. In that way, both attorneys have the same goal, which is to negotiate a divorce agreement through the use of four way meetings. The tenor of the process would be negotiation and settlement, and neither attorney would be threatening to go to court. The theory is that without the threat of court or a judge making a decision hanging over either...

6 lawyers agreed with this answer

1 person marked this answer as helpful

Who gets the engagement/wedding rings after a divorce?

I would suggest that you contact the attorney assisting you with the divorce or consider divorce mediation. With all property purchased during a marriage, those rings would be considered a marital asset and subject to equitable division under the terms of your divorce agreement. I am sure there are other issues that need to be addressed, such as other property, costs of wedding, living arrangements, and mediation would provide a safe and fair opportunity for you to do so.

6 lawyers agreed with this answer

In a divorce settlement, does a spouse have any claim to a future inheritance from the other spouse's parent?

As additional information to the previous excellent answer, his potential for future inheritance is also part of the equation. Has he received an inheritance during the marriage that was used during the marriage? If so, then the idea of receiving a percentage if and when you receive an inheritance is reasonable. The big questions is what and how large is the inheritance. Also another option is you are uncomfortable with his receiving a percentage is to suggest that, if you have children, you...

5 lawyers agreed with this answer

In the state of ma how do i prove common household

I am assuming that you are inquiring how to modify or stop your alimony payments to your ex-wife given the the new alimony statute. The new amendments say that general term alimony may be suspended, reduced or terminated if a showing is made that the recipient has maintained a common household with another for at least 3 months. Some of the factors to look at may be statements, economic interdependence, community reputation etc. You should review your divorce agreement. There may be a clause...

5 lawyers agreed with this answer

Is it difficult to divorce due to adultry

Adultery is often a symptom of a marriage that may not have been working to begin with. Although it may feel that this situation is not of your doing and not by your choice, the end result may be a better one for all involved now that you are aware of the true situation. You may want to consult with an attorney and you also may want to consider divorce mediation. In mediation the divorce would be based on an irretrievable breakdown of the marriage. In mediation, you will have the opportunity...

5 lawyers agreed with this answer

I have been in this relationship for 5 years but married only 2, do I have any legal rights to property?

Depending on various factors you certainly may be entitled to assets that were accrued or earned during the marriage. You may be entitled to a period of spousal support, agin depending on the specifics of your particular situation. You may want to consider divorce mediation, which would allow you and your spouse to meet with a experienced and qualified neutral professional to make decisions about your assets and living arrangements in coming to a comprehensive divorce agreement. You may want...

4 lawyers agreed with this answer

1 person marked this answer as helpful

Massachusetts divorce questions

Since it sounds like your husband is very angry about the situation it might make sense for you to consider divorce mediation. You and your husband would work with a neutral third party to help figure out the parenting plans and financial issues in coming to a comprehensive divorce agreement. Mediation would help the two of you figure out what the real issue is and come up with a plan that would be in the best interest of the children. Generally the issue of fault only is a factor in...

4 lawyers agreed with this answer

My Wife just ask me to move out. With me agreeing to move out, will that decision have any bearing in the courts minds.

You may want to consider seeing a divorce mediator. It seems that your separation at this point is relatively amicable and could continue to be so with the use of mediation. Since it is realistic that one person will have to move when couples separate and divorce it is so much better when it can be by agreement. If couples don't agree, the issue of who leaves can become very contentious and costly. I often suggest that couples prepare an informal written agreement between them, detailing...

4 lawyers agreed with this answer