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December 2017 Archives

Are teachers' pensions considered assets in a divorce?

The pain of divorce is difficult to deal with under any circumstance, but you can spare yourself a great deal of frustration if you know the law surrounding division of assets and property. This includes the division of anything considered a marital asset, and whether or not you are legally obligated to split it with your former spouse upon dissolving your marriage. As a Massachusetts teacher, what if you have retired and are now receiving pension? Do your retirement benefits count as a marital asset, and is it subject to law regarding splitting assets?

Can you claim power of attorney over someone else?

When a relative, loved one, or other person deeply involved in your life becomes incapacitated, the experience can be devastating. Adding to the frustration is the possibility that the person is not only mentally or physically incapable of handling his or her own legal and financial matters, but unable to willfully grant power of attorney under Massachusetts law. When that happens, you may have to face the possibility of taking alternative routes to manage the person's financial and legal affairs, particularly if they impact you. But can you claim power of attorney over someone who does not have the capacity to grant it?

Can you modify a divorce agreement?

Filing for divorce is stressful. Once it is over, the last thing you want to think about is going through the process again, but extenuating circumstances may force you to pursue changes in your divorce agreement. Life circumstances may necessitate changes to child custody, child support, alimony or other agreements. Once you have settled a divorce case and received final judgment in Massachusetts courts, do you have the option to modify your divorce agreement?

Traumatic brain injuries from car accidents can be debilitating

Most people who drive understand that motor vehicle collisions can prove life-altering. There are many difficulties after a serious car crash, such as paying for medical bills, missing work due to an injury and suffering physical pain while you recover. Sometimes, that means people who don't have immediately apparent injuries, like broken bones, feel grateful to walk away from an accident.

Fair child custody considerations during the holidays

For divorced parents in Massachusetts, the holidays can present a challenging dilemma in terms of who gets the children and when. Figuring out a schedule ahead of time will keep stress to a minimum for both the adults and the children, and allow for more fun and enjoyment for everyone.

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