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Divorce Archives

What should go into a postnuptial agreement?

Couples in Massachusetts who are entering into marriage may choose to skip having a prenuptial agreement because the thought of divorce seems truly unbelievable. However, once settled into married life, and once reality sets in, the couple may realize that an agreement of some type may be a smart idea. For many of these couples a postnuptial agreement may be in order.

When does my divorce become official for tax filing?

As much as you may dread filing your taxes normally, after you have completed a divorce in Massachusetts court the idea of taxes becomes even more complicated by determining your filing status. If you were married at the end of the previous tax year but divorced now, how do you file? Do your changes in financial status such as alimony or child support payments affect your current filing?

Can I request more alimony after divorce?

After your divorce in Massachusetts courts, you may be awarded an initial alimony payment from your ex-spouse to account for the financial needs of both you and your children. That alimony payment may be under temporary or conditional terms, or may be long-term - but what happens when the alimony payment is not enough? If you are struggling to support yourself and your family on the current alimony payment, or if your financial situation otherwise changes due to some hardship, can you request a larger alimony payment?

What if my former spouse threatens me for moving out?

When you choose to divorce from your partner in a high-conflict situation, you and/or your children may vacate the premises immediately for the sake of your own safety while the divorce is processed in Massachusetts courts. Yet you still need to return to the home to pack your and your children's possessions to complete the process of moving out. If your former spouse is hostile to you or endangers you or your children, do you have options for support from the courts?

Is adultery illegal in Massachusetts?

There are few betrayals more shattering than infidelity. If your spouse is guilty of adultery, you may wish to initiate divorce proceedings in Massachusetts courts quickly and without a moment's doubt. You may also wish to pursue damages for emotional harm or other losses caused by the breach of the marital contract, but how far can you pursue these claims when adultery may be immoral, but not exactly illegal?

Can I deny my former partner parental visitation rights?

Even after your divorce has been finalized in Massachusetts courts and child custody has been settled, that does not mean the arrangements agreed upon are set in stone. If you feel your co-parent and former spouse is not living up to the custody agreement, you may wish to deny them custody or visitation rights. But can you legally do that, or does your former partner have the right to see your child or children no matter what?

How much alimony will I get in my divorce?

If your spouse was the primary source of income in your marriage, the idea of divorce may leave you facing a frightening unknown. This is particularly true for divorcing spouses who spent a good deal of time at home as caregiver, childcare provider or other domestic role that limits your employability due to lack of recent work history or current skills. When you are facing the prospect of becoming a self-sustaining entity, alimony can ease you into the process of creating a new, independent life for yourself while ensuring you receive fair support commensurate to the time and labor you put into the marriage. But how much alimony will a Massachusetts court award in your divorce?

Are parenting classes mandatory after divorce?

If you have been navigating the difficult waters of divorce, you and your spouse may feel swamped under the many requirements to achieve a divorce in Massachusetts. When you discover that in order to handle custody decisions and meet requirements for a custody hearing you must attend parenting classes, it may sound unbelievable. Is it true that divorcing spouses with children must take mandatory parenting classes?

Why do you need financial statements in a divorce?

Before you face the struggle of a Massachusetts divorce, one of the most important things you need to do is prepare a financial statement. This may feel like an invasion, but is deeply necessary to the divorce process. So why do you need to completely break down your finances, and what is it used for in court?

How is Massachusetts law different regarding legal separation?

When considering separating from your partner, you may have to make the difficult decision of a legal separation versus a divorce. In Massachusetts, however, you may be facing different standards than the commonly accepted concepts of separation or divorce. So just how is Massachusetts different regarding legal separation?

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