If asking for alimony changes, you must serve your ex

David M. Gabriel & Associates

You cannot get your alimony payments altered, even if they need to be changed because of alterations to the law, without telling your ex. You must serve the papers to your ex so that they can be signed and then filed. The paper you have to serve is known as a summons form, and you can get it from the staff at the court. In some cases, you may already know that your ex is going to be fine with the change—perhaps the two of you have talked about it in advance. If so, you can simply take the papers to your ex, meet up with a notary public, have your ex sign the documents while the notary watches, and then bring the papers to the court. These steps are not difficult to take, but they must be followed to the letter, especially when it comes to having an official watch to see that the signing is done properly. In other cases, your ex may not want to sign off on the change. If so, you may not want to bring the paperwork to your ex on your own. Instead, you can have the sheriff or constable do it for you. The county law enforcement officials should be contacted, and they’ll serve the papers to your ex in person. Do not simply mail the paperwork to your ex. After the law enforcement officer has served the papers, they will either be given to you or taken straight to the court

What main areas are discussed during a divorce proceeding?

David M. Gabriel & Associates

Before heading in for a divorce proceeding, it’s very important for same-sex couples in Massachusetts to know what will be addressed. Examples of the key areas that will be touched on—which are largely the same as they’d be for opposite-sex couples—include the following: 1. The grounds upon which the divorce was filed. If you don’t have anything specific, like domestic violence, that’s fine. You can file for no fault divorce, which is how the majority of filings are submitted. 2. All decisions to be made regarding children, if applicable. This includes both child custody and child support, along with visitation rights. 3. The division of all of the assets that the couple has. It’s important to remember that this could also include the division of debts. 4. Alimony or spousal support that needs to be paid. This is not used in all divorces, but can be if one spouse gave up a career or education and has little earning potential, having expected to be supported. 5. Changing names, if needed. 6. Protective orders. These are used when there is a larger issue, such as domestic violence. The spouse who has been abused may be worried that filing for divorce could cause a violent reaction from the other spouse, which means that protective orders and other measures are sometimes needed to keep the situation from escalating. Finally, it’s wise to note that you have to wait for the divorce to be finalized before you can get remarried. Now that you know

How do I prepare to discuss an equitable property division?

David M. Gabriel & Associates

Preparation is the key to a smooth divorce. The more you can do in advance, the better off you’ll be as you seek an equitable division of property. Below are a few key areas that you want to consider as you move toward the split, along with some good questions that you can ask: Real Estate Do you own your home? How much equity do you have in the house? Do you own any other properties or types of real estate, such as vacation homes or condos? Assets in the Home How much did your home furnishings cost, and how do you want them to be split? Do you have any really valuable items, like artwork, collectibles, or other things of this nature? Your home may be the main value, but the things inside can be worth tens of thousands of dollars. Investment Portfolios Money that you’ve invested isn’t something you’re going to see on a daily basis, but you absolutely don’t want to forget about this money, especially if you’re saving up for retirement. Do you have a pension plan or a trust fund to consider, as well? Are both you and your spouse named on these accounts? Vehicles Remember to think beyond just the family car. Do you have a motorcycle, a recreational vehicle, a sports car, or a boat? Did you buy these in your name alone, or are they in both of your names? These are just a few of the big areas that you want

Birth fathers often barely involved in the adoption process

David M. Gabriel & Associates

The adoption process is often said to involve a triad. The three corners of it are the child who is being adopted, the parents who are adopting him or her, and the birth mother. These three all work together to create a new life for the child, something that can be beneficial to all three parties. Sounds great, doesn’t it? That’s why this imagery is so often used when looking at adoptions. However, it does leave out a very important person: the child’s biological father. Sometimes, the father just doesn’t have much of a say in the process. Other times, the birth mother does not even tell the birth father that she’s pregnant, so everything happens without his knowledge. Though it’s still a problem today, things are trending in the right direction. Back in the 1970s, the law didn’t even recognize all biological fathers as parents if they weren’t married. Sometimes, their names weren’t on very important documents, like birth certificates. In the modern era, fathers have more status than that, but it’s still been a fight for them to see their roles increased. For one thing, the birth father often has to prove paternity, usually by submitting his DNA. If the father has an objection to the adoption, it can slow the adoption process down considerably. Since fathers have to fight so hard for their parental rights to be recognized, they may eventually win custody of their child, but only after that child has grown significantly, which contributes to

Is same-sex divorce different from ‘traditional’ divorce?

David M. Gabriel & Associates

As same-sex marriage has become more widely legalized and more common, it has given rise to a natural offshoot of this progression: an increase in same-sex divorce. As such, it’s important for people in Massachusetts—one of the first states to legalize same-sex marriage—to know whether or not a same-sex divorce is going to be different than an opposite-sex divorce. In some areas, things are going to be carried out in a very familiar fashion. When dividing assets, for example, the gender of those involved has no bearing on the process. It tends to look the same with both types of divorces. When things get complicated is when child custody has to be determined. Much of this is because same-sex couples have different ways to bring children into their lives, such as adoption or In vitro fertilization (IVF). With the IVF process, the parent who carries the child is biologically related to that child, but the other parent is not. This doesn’t usually matter when the two are married, as they raise the child as their own, but it can add complications when a divorce happens. Courts may be more likely to give custody to the biological parent, and that parent may even argue that the child is not the other parent’s at all. Adoption is tricky as well, though it’s fair to note that some of the same issues come up with opposite-sex couples who adopt a child. While it may be complicated, IVF is more likely to cause a

Complex property division is often a source of contention

David M. Gabriel & Associates

Property division during a divorce in Massachusetts is done based on what is equitable, not what is equal. This means that property doesn’t have to be divided equally. Instead, the property division is based on what is just and fair. When it comes to couples who have amassed considerable assets the property division aspect of the divorce can become rather complex. We can help you to learn what you need to know to ensure that your rights are protected as you go through the property division process. One aspect of a high-asset divorce that can pose a significant issue is the presence of stocks. Not only do you have to determine the actual value of the stocks, you also have to consider the type of stocks that are held. For example, stock options and restricted stocks must be handled in different ways because they are different assets. Another consideration in a high-asset divorce is the value of any businesses or retirement accounts that are present. These considerations are on top of trying to determine who gets real estate, heirlooms, antiques, and other valuables. All of these assets must be considered carefully and weighed against the debts that each party will be liable for. We know that you hate to think that the assets you worked so hard to get will be stripped away from you. While we can’t promise you that the property division will go exactly how you want, we can promise you that we will represent your interests.

Information about determing the legal father of a child

David M. Gabriel & Associates

You’ve probably heard about establishing paternity, but do you know what that really means? For a father who is not married to the child’s mother, it means that the man who believes he is the child’s father must prove he is. Establishing paternity can be done a couple of ways. One way is to sign a “Voluntary Acknowledgment of Parentage.” This must be signed by both the mother and the father. The man becomes the child’s legal father when that form is filed with the Registry of Vital Records. The man’s name can then be put on the birth certificate. If the mother does not want to sign the form or the man doesn’t think he is the father of the child, it is best to get a genetic marker paternity tests — a DNA test — to determine the man is the child’s father. If the DNA test shows that the man is the child’s father, then the Department of Revenue will help the father or the mother in asking the court to establish paternity. There are a number of benefits that come with the declaration of a man as the child’s father. These include: — The child gets rights to an inheritance. — The child can access the father’s life insurance benefits and medical benefits. — The child would be eligible to receive veterans benefits and social security benefits if applicable. — The child and the father could develop a relationship. — The child will have a better

More people file for divorce in January

David M. Gabriel & Associates

According to the American Academy of Matrimonial Lawyers, the number of divorce filings in the month of January is usually about one-third the normal rate. If you are considering filing for divorce after the holidays, you should have a plan in place. There may be many reasons why more people file for divorce in January. Some couples may have been reluctant to file for divorce during the holidays, particularly if they have children. Others may simply want a fresh start in the New Year. Regardless of the reason, filing for divorce can be a scary prospect. Before your file the divorce papers, there are steps you should take. First and foremost, you should make sure that getting a divorce is what you want to do. Many people file for divorce while emotions are still running high. Consider speaking with others to ensure that you are making the decision with a clear head. A therapist can be particularly helpful in sorting through your emotions and goals. You should also understand all of the financial implications of filing for divorce. For example, any property that you or your spouse acquired during the marriage is considered marital property under Massachusetts law. The law requires all marital property to be divided equitably. Another example of a financial implication is your tax filing status. This is determined by the status of the marriage on December 31st. If your divorce is not final by that date, you are still considered to be married in the eyes

David M. Gabriel & Associates

If asking for alimony changes, you must serve your ex

What main areas are discussed during a divorce proceeding?

How do I prepare to discuss an equitable property division?

Birth fathers often barely involved in the adoption process

Is same-sex divorce different from ‘traditional’ divorce?

Complex property division is often a source of contention

Information about determing the legal father of a child

More people file for divorce in January

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David M. Gabriel & Associates

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Salem Office

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Life Complicated?
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David M. Gabriel & Associates

Categories

TAGS

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?We Can Help

Life Complicated?
We Can Help