Which courts make custody and visitation decisions?
Oct 22, 2012
Most custody and visitation decisions are made by judges of the Probate Family Court. Custody and visitation decisions can be part of a larger case, such as a divorce case, or the case can just be abo...
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Can men receive alimony?
Oct 22, 2012
Massachusetts divorce law is gender neutral. We have an Equal Rights Amendment that mandates that the courts treat people equally without bias based on gender. This means that in the correct circumstan...
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Community Property
Oct 22, 2012
In community property states, each spouse is entitled to one-half of all the property acquired during the marriage. There are nine such community property states. They include: Arizona, California, Ida...
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Equitable Distribution
Oct 22, 2012
In the remainder of the states, courts will divide a couple's assets in an "equitable" (fair) manner. "Equitable" doesn't necessarily mean "equal," but what's fair to both spouses. The question then be...
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Property Valuation
Oct 22, 2012
In the likely event you and your spouse will be unable to agree on the value of one or more assets, a third-party appraisal will be necessary. Any prior valuations or appraisals will be helpful to the ...
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Can non-marital property acquired prior to marriage be divided in a divorce?
Oct 22, 2012
Generally, assets owned by either spouse prior to the marriage remain that spouse's separate property after the divorce and isnt distributed by a court as marital property. Of course, there are excepti...
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Myth: It’s OK to deny visitation if a parent doesn’t pay child support.
Oct 22, 2012
This situation with vitiation comes up when the noncustodial parent, who is, in most cases, usually that father, falls behind in his child support, and the custodial parent, who is usually the mother, ...
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Myth: Committing adultery means you give up everything.
Oct 22, 2012
Increasingly, courts view divorce as the dissolution of an economic unit, and in many jurisdictions, bad conduct during the marriage - infidelity - is not even considered in the division and distributi...
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Myth: The children get to choose which parent they want to live with.
Oct 22, 2012
In contested cases, the courts will decide child custody based on the best interest of the child. In practice, this usually means that, unless there is a truly compelling reason to do otherwise, the mo...
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Questions related to the experience and expertise of the lawyer
Oct 22, 2012
An easy way to start your first conversation with your lawyer is to ask questions about his background, experience and expertise in this field.
How long have you been practicing law?
How long have you ...
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