Divorce When Only One Partner Lives in Massachusetts

David M. Gabriel & Associates

Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps a history of domestic violence and a need for safety has compelled one spouse to put considerable distance between his or her person and the other spouse. As the coronavirus pandemic continues to disrupt life, some people may find themselves stymied by closed courts, recommendations against travel, and derailed moving plans. Many are wondering how to file for divorce in Massachusetts. Whatever the circumstances that have led to divorce, if one member of a couple lives in Massachusetts and the other does not, there are certain requirements that need to be met before filing for divorce. Divorce in Massachusetts: An Overview First, it is helpful to review the types of divorce available in Massachusetts, as these rules can have an impact on whether a spouse is able to file for divorce in Massachusetts. In Massachusetts, divorce may be either uncontested or contested: In an uncontested divorce, both spouses agree to a divorce and work out the terms before filing for divorce. This type of divorce is always no-fault (See below for the discussion of fault)

How to Land on Your Feet After Divorce

David M. Gabriel & Associates

Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing on your feet after divorce is finding acceptance. Just because you’re making the right decision to split up with your partner, doesn’t mean it’s easy, but accepting your post-divorce life means finding new normals. This will look different for everyone. However, there are several steps you can take to make your new normal as seamless as possible. For starters, get clear on the unknowns. You’ll need to answer questions such as where you will live, what your child custody arrangements will look like, and what your financial needs will be. Answering questions to unknowns will help ease anxiety and allow you to gain a new perspective on your future. To answer these unknowns, you’ll need to create a financial plan with a post-divorce budget. If your ex was in charge of handling finances in the past, this might be daunting; however, managing a budget can be empowering. To start, be realistic about your living situation. The basics of creating a budget involve gathering all of your financial statements. Make a list of all sources of income, including alimony and child support. Make a second list of all outgoing expenses starting with the necessities, such as

Get the Facts About Parental Rights, Paternity Testing, and Child Support

David M. Gabriel & Associates

As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed to be the biological father and is responsible for financial obligations. As a presumed father, if you believe you are not the biological father, meeting with an attorney to rebut presumed paternity is a time-sensitive matter and needs to be addressed as soon as possible. In order for an unmarried biological father to be determined to be the father of a child, paternity must be acknowledged. This can be done in writing if both parents sign a form known as a “Voluntary Acknowledgement of Parentage.” In many cases, this form is signed at the child’s birth. If the biological father is not present at the birth or unaware of the child’s existence, paternity testing may be required to establish parental rights or enforce obligations later on. DNA Testing The legal process used by the court to determine paternity is called genetic marker tests. These are simple medical tests to show paternal biological relationships. Two types of tests can be performed, a cotton swab with DNA from the mouth or a blood test. Samples are taken from the child, the biological mother, and the father in question. The tests are considered very accurate when it comes to

If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?

David M. Gabriel & Associates

In an ideal situation, you’d work with your ex to divide up assets fairly. Unfortunately, that isn’t always possible. Many couples hire attorneys to negotiate divorce terms on their behalf. Some couples even go to court and ask a judge to divide the marital estate. So the simple answer is yes, you can request the marital home as part of your divorce settlement. A property owned by one spouse at the time of the marriage can become considered marital property by the court and be subject to division as part of the marital estate. The court may consider factors that include both spouses paying the mortgage or other expenses, or contributing toward significant improvements to the property. Divorcing couples may request specific assets during the division of property, but that doesn’t mean their request will be awarded. Massachusetts law requires the division of property in a divorce to be equitable. This means property division must be fair, though not necessarily equal. Massachusetts law allows a judge to divide all property regardless of when it was acquired or which spouse actually owns it. When dividing assets, such as property, a judge will consider the length of the marriage, the present and future needs of any dependent children, each spouse’s income and contribution, and much more. Monetary value will be assigned to the house, along with other assets for a judge to consider. Many couples opt to sell property in order to divide their assets, however, if one spouse wishes to keep the house, they may choose to forfeit other assets

Co-parenting in the Face of Coronavirus

David M. Gabriel & Associates

Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable. Rest assured, custody, visitation, and placement are in effect and continue to be enforceable during this period of time. Court-ordered arrangements remain obligatory and should be followed accordingly. Any parent planning to use the pandemic as a reason to deny access to another parent can expect the courts to come down hard on parent agreement violations. Many judges view time of crisis to be particularly critical times for children to maintain some form of normality. In cases where parents are willing to work together, they should consider the following: which parent has better resources for the child to complete distance learning, if one parent has a high-risk job, the health of family members, social distancing rules, etc. In the unfortunate event that a parent is required to self-quarantine or is restricted from having contact with others, efforts should be made to allow for parenting time by video conference or telephone. A critical aspect of co-parenting that may be affected is where the exchange of children takes place. For some parents, the changeover occurs at school. However, if the school is no longer in session, a new location and time will need to be agreed upon. If the exchange is not possible from someone’s home, it’s suggested to find a public place

Alimony Modification

David M. Gabriel & Associates

Representing the Husband. Defending against an increase in alimony. The parties with three children were divorced after 23 years of marriage. The Husband re-married. Some years later, upon emancipation of the youngest child, the child support ceased and the Wife commenced receiving a fixed amount of alimony pursuant to the terms of the divorce judgment. Thereafter, she filed a Complaint for Modification seeking an increase in alimony claiming that Husband’s income had increased substantially since the divorce. Husband’s income had increased substantially from $2700.00 weekly to $6300.00 weekly, however, Wife’s income had increased as well, and her financial circumstances improved. The matter proceeded to trial. After trial, the court found that Wife’s expenses were inflated and that her income far exceeded the expenses required to maintain the modest lifestyle enjoyed by the parties during the marriage. Wife’s counsel was repeatedly prevented over objection by Husband’s counsel from introducing evidence and testimony during the course of trial. Wife’s complaint for modification was dismissed based upon a lack of material or substantial change in circumstances.

Motion to Vacate Restraining Order

David M. Gabriel & Associates

Representing the defendant. The defendant was alleged to have assaulted and threatened a relative with physical harm resulting in the issuance of a 1 year restraining order. Defendant was not represented by counsel. Defendant retained our office. A motion to vacate the restraining order with extensive memorandum and supporting case law, was filed and allowed, resulting in the restraining order being vacated.

Underemployed Husband At Time Of Divorce

David M. Gabriel & Associates

Representing the Wife. The parties were married for over 22 years at the commencement of the action and had two children, ages 15 and 11, with special needs. The matter was tried. The court found that the Husband dissipated marital assets including retirement funds and was underemployed at the time of the divorce. The Husband demonstrated little if any interest in the children. The Wife received a substantially greater share of the marital estate and was granted sole legal and physical custody of the minor children, after trial.

Divorce When Only One Partner Lives in Massachusetts

How to Land on Your Feet After Divorce

Get the Facts About Parental Rights, Paternity Testing, and Child Support

If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?

Co-parenting in the Face of Coronavirus

Alimony Modification

Motion to Vacate Restraining Order

Underemployed Husband At Time Of Divorce

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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

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