Proposed bill prohibits dating while residing in marital property

David M. Gabriel & Associates

When married couples decide to terminate their marriage, there is always a lot to consider, such as who will be the one to move out of the current residence. In many cases, one of the spouses will remain in the home during the divorce process, until the division of all marital property has been decided. It is not uncommon for individuals entering a new relationship before the divorce is finalized, unfortunately a recent bill that has been proposed in Massachusetts, may prohibit the couple from conducting their relationship while the marital home. The proposed bill will affect proceedings in which a shared residence and/or children are involved. If passed, the bill would prevent the spouse living in the marital home from dating or engaging in a sexual relationship within the house until the divorce is finalized. All aspects of the divorce must be resolved — including property division, custody arrangements and alimony agreements. The new bill was first presented last year, but has not been reviewed. An extension was granted for consideration in the state legislature until the end of June. If the bill passes and is signed into law, divorcing spouses would no longer be able to bring partners from a new relationship into the marital home until the divorce is finalized, including the determination of any issues regarding child custody or the finances between the parties. A divorce in Massachusetts is not deemed final until a minimum of 120 days from when it is granted. However, the bill

Cohabitation could affect Massachusetts alimony payments

David M. Gabriel & Associates

After a divorce, it is not unlikely that a Massachusetts resident may have to pay spousal support to their ex-spouse. Alimony is often rewarded to parties who may be the most negatively affected by a divorce situation. However, there are certain issues that could arise that could lead to the end of alimony payments for certain individuals. Some of the most common reasons that a party may no longer have to pay alimony are if a death or remarriage occurs. However, there are also other points of contention that could lead to a halt in payments, such as cohabitation. If a recipient of alimony payments is considered to be in a “marriage-like” relationship in which the party resides with another individual and shares financial and other household aspects, the alimony that they have possibly been receiving could be stopped or reduced. If an alimony payor believes that the recipient is participating in a cohabitation situation, that individual may wish to have payments modified. However, proving that the recipient is, in fact, cohabitating may be more difficult to prove. A spouse accused of living in a marriage-like relationship and situation could potentially deny that the circumstances are true. If an alimony payor suspects cohabitation, that party may wish to assess the situation to determine whether moving forward with legal action might be right for the situation. Information on Massachusetts state laws concerning alimony could provide beneficial knowledge on how such circumstances may be treated. Seeking alimony modifications could have a significant

Judge threatens to have child testify in fight for shared custody

David M. Gabriel & Associates

Massachusetts readers of this blog may be interested to learn of a recent custody battle in another state. The father of a 4-year-old boy who is fighting with his estranged wife for shared custody was told to settle his issues or face the consequences. If the two can’t reach an agreement, the little boy they’re arguing over will have to testify in court. The judge stressed that she did not want to involve the child. She said, however, she would have no choice if the couple could not come to mutually agreeable terms about the boy’s custody. The latest altercation was prompted by a denied demand for fast food. The boy’s father refused to take the boy for a Happy Meal. A temper tantrum reportedly ensued. The boy’s mother responded by informing the court-appointed psychiatrist, who recommended the mother be given sole custody based on the incident. The father responded by filing a lawsuit against the psychiatrist. The judge painted a bleak picture of what testifying could mean for a 4 year old. She said the facility itself was imposing and compared it to a “fortress” with scary artwork and statues that could be terrifying for someone so young. She claimed the experience would be traumatic for the boy, and she hoped sincerely it did not take place. The couple has two months to work out their issues concerning shared custody. Hopefully they can put aside their differences and agree to a solution that makes their son the top priority.

Terrell Owens’ wife seeking alimony after 72 hour marriage

David M. Gabriel & Associates

Massachusetts readers of this blog may be interested in recent developments surrounding the divorce of Terrell Owens. The former NFL player’s wife is claiming she needs alimony to maintain the lifestyle to which she grew accustomed during the time the two were married. She neglects to mention that the marriage lasted only about 72 hours. According to reports, Owens and Rachel Snider were married on Jan. 23. The marriage was over on Jan. 26. Owens filed for divorce almost immediately. Snider allegedly attempted suicide in response, according to online sources. Snider says the stories of a 72-hour marriage are misleading and not a true indication of the history she shares with Owens. She claims she and Owens have been involved in a secret relationship for the past five years. She said she now feels he married her solely to procure a $2 million loan. Snider is attempting to have Owens cover the cost of her legal expenses. She also plans to dispute Owens’ assertion that the two do not share any community property. Owens has taken on the role of attorney for himself. He says he plans to request that Snider be made responsible for the legal costs of the divorce. To date, he is not speaking publicly about the purported alimony request. Any couple going through a divorce, whether in Massachusetts or elsewhere, must make decisions on how they will move forward. Questions like alimony payments and division of property will inevitably come up. The way in which they

Determining property division in Massachusetts divorces

David M. Gabriel & Associates

No matter how you slice it, divorce is typically abounding with emotion. Dividing one life back into two can simply be a mentally draining process. Massachusetts couples, like couples all across the country, just want to make sure they will be financially prepared for their new separate lives. For many, this requires careful negotiation and knowledge of applicable laws during the property division phase of a divorce. Protecting personal assets is one of the biggest concerns in a divorce. There is a big difference between community or marital property versus separate or personal property. However, rules regarding each individual asset can be somewhat tricky. One type of asset that is considered personal or separate property would be an inheritance or gift that was given to one spouse before the marriage and would not be subject to division. Other assets like the marital home, retirement accounts and formed businesses could be considered both separate property and marital property, depending on what paperwork the couple has to show for each item. Assets that are considered marital property are typically subject to an even distribution between each spouse, including the home and any debts shared between the couple; however, if either spouse has sufficient documentation that the asset belongs to them, it may be considered personal property and not subject to division. Things in this category include funds in retirement accounts before marriage or any residence paid for specifically by one spouse — just to name a few. While proving these items are

Actor Jason Patric battles for father’s rights

David M. Gabriel & Associates

Massachusetts readers may be interested in actor Jason Patric’s battle for the right to be a constant presence in the life of his 4-year-old son. In a custody fight turned ugly, Patric says he doesn’t want to be just a sperm donor. He wants full father’s rights as a co-parent and is willing to go to court to make it happen. According to Patric, he and his ex-girlfriend tried to conceive for several years to no avail. They then opted for in vitro fertilization. Their son, Gus, was the result. Patric asserts he was not merely a sperm donor. He says he is being denied access to his son because he is no longer in a relationship with the child’s mother. His ex-girlfriend denies that is the motivation. She says Patric offered to be a sperm donor and agreed to relinquish his rights as a father. Shortly after the two split, Patric reportedly began losing access to his son. In response, he filed a paternity case seeking custody of the boy, who was 2 years old at the time. Just under a year later, the court ruled that Patric was, in fact, not the natural father due to the in vitro fertilization process used to facilitate the pregnancy. Patric has since appealed the ruling and is awaiting a hearing scheduled for early spring. Patric says he once had a loving relationship with his child and that he wants to regain that closeness. If successful, his appeal could have a positive

Divorce tips for same-sex Massachusetts couples with kids

David M. Gabriel & Associates

For same-sex couples who are contemplating a break-up, there are often multiple issues with which they must deal. If children are a part of the equation, the situation can become even more complex. Below are tips to make divorce a little easier for these couples in Massachusetts. Get familiar with the laws concerning custody and support. Since Massachusetts recognizes same-sex marriage, some of the issues that come up in other states won’t apply. It is important, however, to know one’s rights and how the law addresses individual scenarios. Find a lawyer that meets your needs. When a same-sex couple with children divorce, it can be helpful for them to consult with an attorney who specializes in family law, especially as it applies to same-sex couples. An experienced attorney can be an invaluable resource in what could be a trying time. Now is the time to review any existing agreements or documents pertaining to the relationship. If a prenuptial agreement was signed, did it take children into account? Are there documents outlining estate-planning that should be considered? Occasionally, some of the issues that come up during the filing period have already been settled. It’s a good idea to check early on in the process. Continue to keep the same routine, even if one partner is pushing to make drastic changes. Routine and past history are taken into account by the court when deciding things like child custody. Changing the day-to-day routine and then later asking for it to return to what

Major victory achieved for same-sex couples rights

David M. Gabriel & Associates

Recent current events are exemplified in the Bob Dylan song, The Times They Are a-Changin’. Gay couples in Massachusetts and the rest of the nation just achieved a major victory on a federal level. Officials with the attorney general’s office announced a change to same-sex couples rights that will affect many areas of their lives. The Justice Department is expected to issue a memo that substantially expands the rights of people in same-sex marriages — increasing their recognition on a national level. The change will apply even in states that do not recognize same-sex marriage. It is only valid, however, when federal matters like bankruptcy and prison visits are concerned. For example, if two women got married in Massachusetts and then moved to Indiana, they can now file federal bankruptcy together. This is true even though they are in a state that does not recognize their marriage as legally binding. They will now be treated with the same consideration given to a more traditional couple. Several other areas are affected. Under the new policy, people with same-sex spouses who are incarcerated in a federal facility will be granted the same visitation as is afforded heterosexual couples. In both civil and criminal federal matters, spouses will be given equal rights regardless of the gender of their person to whom they are wed. This means one spouse cannot be compelled to testify in court against the other. One major area that was not directly affected by the recent changes is same-sex divorce.

Proposed bill prohibits dating while residing in marital property

Cohabitation could affect Massachusetts alimony payments

Judge threatens to have child testify in fight for shared custody

Terrell Owens’ wife seeking alimony after 72 hour marriage

Determining property division in Massachusetts divorces

Actor Jason Patric battles for father’s rights

Divorce tips for same-sex Massachusetts couples with kids

Major victory achieved for same-sex couples rights

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Categories

TAGS

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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

Life Complicated?
We Can Help