Using a divorce lawyer may be the best way to reach a divorce agreement

David M. Gabriel & Associates

Deciding to file for a divorce is a major decision for most couples. With many online solutions available, it is not uncommon for Massachusetts couples to think that they can handle their own divorce. However, they are often unprepared for the many stumbling blocks they may face without the guidance and support of an experienced divorce attorney. When minor children are involved, child custody and parenting plan agreements must be reached and submitted for court approval. Another area of a divorce that may prove to be more challenging than initially thought is property division. Under Massachusetts laws of equitable distribution, couples may decide on how to divide their assets, as long as it is done in a fair manner and carries the approval of the court. This is where unexpected contention often arises. After navigating these aspects, spousal support and child support will have to be determined. In Massachusetts, regardless of whether a divorce attorney is retained or a couple decides to handle their divorce themselves, there are specific waiting periods. The waiting periods between filing the divorce complain and the court hearing are dependent on the type of divorce filing (contested or uncontested). After the final hearing, another waiting period must be observed before a final divorce decree is issued. Considering the complexity of all the issues, many Massachusetts couples choose to utilize the services of an experienced divorce attorney to avoid stumbling blocks. David M. Gabriel and Associates can guide each client to reach a divorce agreement that

The Challenges Behind Parental Relocation

David M. Gabriel & Associates

Sharing custody of a child is difficult enough when two parents live in the same area, however when one parent wishes to move to another state with a child, a new set of challenges arises. In Massachusetts, a parent must request permission to move out of the state with the child. The other parent has a right to object, and challenge the request. Moving away can have major impacts on the other parent’s ability to spend time with the child. Unless the parents reach an agreement, the dispute will be left for the courts to resolve. Massachusetts courts must consider a number of specific factors when determining whether to grant a parent’s request to relocate. As with any other custody dispute, the courts consider the best interests of the child. This standard requires courts to evaluate both the positive and negative impacts the move will have on the child. In particular, the courts evaluate how the move will impact the child’s emotional or physical needs. The courts also recognize that the well-being of the custodial parent can affect the child’s best interests. As a result, the courts evaluate whether the move will improve the quality of life for both the parent and the child. Factors such as employment prospects, available support of family and friends, and the anticipated living situation in the new state are all factors that the courts consider. Relocation is a unique custody issue. There are many different variables, which can make the issue even more challenging.

Items that make property division complex

David M. Gabriel & Associates

When it comes to matters of property division, some people have it easier than others. But even if you believe your situation to be relatively simple, you may find that this is not the case as you make your way through the process and begin to review your many assets and debts. High net worth divorces, in particular, often lead to property division challenges. These need to be addressed without delay, ensuring that both parties understand what’s to happen and how it will impact them now and in the future. Here are some of the items that can make property division more complex: — Business ownership. — Real estate, including vacation homes. — Stock options and bonds. — Bank accounts and bonuses. — Retirement funds, including military pay, IRAs, and pensions among other types. — Antiques and collectibles, such as sports memorabilia and art. Before anything can be done, you and your spouse must have an accurate idea of your net worth. From there, it is easier to move forward with property division, although there are sure to be some “sticking points” along the way. Due to all the challenges valuing the items detailed above, it’s important to work side by side with an experienced law firm. We have helped many people work through property division, eventually ending up in a place they are comfortable. If you have any questions about property division, if you want to learn more about your situation, don’t hesitate to contact us. You can do

Carefully consider all options available in a high-asset divorce

David M. Gabriel & Associates

Besides the issue of child custody, the issue of property division in a divorce is one of the most tense that people who are getting divorced face. In the instance of a high-asset divorce, the property division process if often complex because of the various types of assets and debts that are present. If you are facing a high-asset divorce, we can help you to learn about the options you have for the property division process. There are some assets and debts that are fairly easy to divide, especially if you and your ex are in agreement about them. For example, you might want the primary residence and your ex might want the vacation home. That might be an easy solution to the real property. Other issues in a complex high-asset divorce might not be so easy to solve. The more complex aspects of property division during a high-asset divorce comes when there are investment accounts, stock options, retirement accounts, and businesses to divide. In these cases, it is often necessary to obtain a valuation of the assets and liabilities so that we can work on getting a suitable settlement. The last thing that you need is to be stuck with all the inaccessible or non-performing assets while having to cover a multitude of the debts. It is crucial that we take the full picture regarding the assets and liabilities into account. Since Massachusetts is an equitable distribution state, we need to get you an equitable settlement instead of trying

The 2 ways courts look at engagement rings

David M. Gabriel & Associates

The United States lacks a uniform law regarding what is to be done with engagement rings during a divorce. While there are more expensive assets, rings can cost thousands or even tens of thousands of dollars. Additionally, because of what they symbolize, they can often be points of contention during the property division process. Since there is no set law, courts consider many different factors. They tend to look at engagement rings in one of two ways, which are as follows: 1. The ring was an absolute gift. In these cases, the court determines that you decided to present the other person with the gift, and it then became your spouse’s possession. You gave up all rights to it at that point, and you can’t ask for it back because ownership was transferred. 2. The ring was a conditional gift. In these cases, the court may decide that you only gave the ring as a gift with a condition, which you stated at the time when asking your spouse to marry you. If your spouse is now breaking off that marriage, you may be able to argue that the condition was broken and so the gift should go back to you; it was only to belong to your spouse as long as the marriage lasted. Now, there are other factors and stances to be considered, such as whether or not fraud was involved—if someone said “yes” to the proposal just to take the ring, planning all along to ask for

Technology is helping parents rest easy with teen drivers

David M. Gabriel & Associates

Unfortunately more U.S. teens die from car accidents than any other cause; however, new technology may give Massachusetts parents a reason to breathe easier when their teenager gets behind the wheel. While dashboard cameras aren’t new to the market, Drivecam for Families adds a technology that can provide peace of mind to parents everywhere. The Drivecam is a video feedback program that activates when a driver does something risky. The program determines if the driver’s actions increase the likelihood of a motor vehicle accident and then notifies the drivers parents via the company’s data center. Parents can then review what their teen is doing. Keeping the lines of communication open with one’s teenager is important, and if parents plan to utilize Drivecam it is encouraged that they inform their teen about the intended use of Drivecam. While some teens may object, parents can explain that the new technology is designed to help them be safer drivers and not meant to convey parental distrust. If a Massachusetts resident has been harmed by the actions of a reckless driver, they may be entitled to compensation. David M. Gabriel & Associates can evaluate the conduct of a negligent driver and determine the best course of action to recover damages.

Truck accidents often result in catastrophic injuries

David M. Gabriel & Associates

A fully loaded tractor-trailer can weigh up to 70,000 pounds while compact cars typically weigh less than 5,000 pounds. This size difference makes trucks capable of crushing cars and severely injuring any and all occupants. In some cases, victims suffer catastrophic injuries that affect every aspect of their lives. A catastrophic or serious injury is one that results in permanent and/or severe functional disabilities. Examples of catastrophic injuries that can result from a truck accident include, but are not limited to: Burn injuries Brain injuries Spinal cord Organ damage Bone fractures It is important that victims of Massachusetts truck accidents are provided the support they need not only for their immediate medical bills, but also for their future losses. If you or a loved one has sustained a serious injury in a truck accident, make sure you research all of the options available before making any decisions that can affect your personal and financial future. At David M Gabriel & Associates we can provide you with an in-depth consultation to discuss your legal options.

Key components of a good parenting plan

David M. Gabriel & Associates

A good parenting plan is one that involves both parents. Over the years, fathers’ rights have increased to a certain degree where this is concerned, but it’s still important to look at a few key things that can help create a plan that is best for the child. 1. Both parents need to be involved. This involvement needs to be stable and consistent. 2. Both parents can contribute to their child’s life in meaningful, tangible ways. 3. The routine is fairly structured so that the child knows the schedule and can count on it. It’s also important for parents to stick to the schedule once it has been made. 4. Caregivers should be used as little as possible. Of course, daycare and other such things are sometimes necessary, but it’s best for children to be with their parents. 5. The existing relationships that the child has should not be cut off. This also goes for activities that the child enjoys. 6. The parents should communicate well and strive to cooperate. Both need to work together for the good of the child, rather than working against each other. 7. The rules that the parents use need to be consistent from one house to the next. Not only does this help the child respect the rules, but it also avoids a situation where one parent enforces rules and the other doesn’t, potentially making the child prefer the parent without the rules. These are just a few key points to keep in mind.

Using a divorce lawyer may be the best way to reach a divorce agreement

The Challenges Behind Parental Relocation

Items that make property division complex

Carefully consider all options available in a high-asset divorce

The 2 ways courts look at engagement rings

Technology is helping parents rest easy with teen drivers

Truck accidents often result in catastrophic injuries

Key components of a good parenting plan

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