Father’s rights deemed family rights by Va. Attorney General

David M. Gabriel & Associates

Headliner Ken Cuccinelli has been vocal about his support for father’s rights when it comes to custodial cases. As Va. Attorney General, he no longer practices law on a regular basis, but he’s well-known for his belief that men deserve more one-on-one time with their children than they get in many custody arrangements… and that it’s up to family law attorneys as well as society to be catalysts for change. Many Massachusetts dads embroiled in bitter father’s rights cases would likely agree with his assertions. Cuccinelli reportedly believes that father’s rights should be more accurately described as "family rights". From the viewpoint of his leadership experiences with Fathers for Virginia, a male-empowerment group that fights for the rights of men who want to be a part of their children’s lives, he has seen firsthand how difficult it can be for men to be able to spend time with their offspring following a separation and/or divorce. In fact, Cuccinelli’s trajectory to his current elected position has been based on his belief that father’s rights are integral to the bringing up of children in separated households. Though Cuccinelli has his detractors, namely activists who feel his platform is against the rights of women who have been abused by the fathers of their children, he stands by his tenets. He has made such strong waves that he was recently pulled away from his attorney general responsibilities to act as private counsel for a friend who was undergoing a bitter custody dispute battle. This

Social media could affect high net-worth divorce in Massachusetts

David M. Gabriel & Associates

Massachusetts residents going through a high net-worth divorce may not realize the impact the use of social media can have on the outcome of their divorce. Most people use at least one form of social media without realizing the repercussions it could have. A recent article that discussed social media outlets and the surprising ways they can impact a divorce settlement may be of special interest to those facing a high net-worth divorce. One of the things the article pointed out is that couples typically have mutual friends that will feel forced to choose one person’s side. Therefore, anything posted on a social media outlet, such as Twitter or Facebook can easily be relayed to the other party in the divorce. This can be an issue if one person is posting pictures of expensive trips or things about their spending habits if they’re trying to hide some of their assets during the divorce process. Other forms of communication including emails and text messages could also potentially be subpoenaed in court. Therefore, a person may want to keep in mind that anything they type, send, or post can be used against them. The article suggests a person doesn’t say anything they wouldn’t announce to the entire world. If the husband has a girlfriend he is providing for financially, and there is any evidence of that, it can be used in court. A high net-worth divorce can be a complicated situation that can be made a little easier by having an understanding

Murdoch split highlights difficulties in high net-worth divorces

David M. Gabriel & Associates

Most Massachusetts couples involved in the dissolution of their marriage do not have to deal with complex property division. Most divorcing couples do not have millions in assets to consider. For those couples such as Rupert and Wendi Murdoch who are currently involved in a high net-worth divorce, the issues can become more complex and may require greater amounts of time and negotiation to resolve. Rupert Murdoch, the media mogul is ending his 14 year marriage to his wife. In spite of legal contracts drawn up prior to the marriage (pre-nuptial) and during the marriage (post-nuptial) there are still many issues that will need to be resolved. The couple had two children during the course of the marriage. Accordingly, custody and visitation will have to be determined. Family trusts that have been created may need to have new administrators selected, and marital assets outside the scope of post-nuptial agreements will need to be divided fairly. Although discussions regarding the division of property and schedules of assets are all very impersonal and business-oriented, it should be remembered that a divorce is not often just the dissolution of an economic relationship. Frequently, strong emotions play a part in the success or failure of negotiations and proposed divorce settlements. Money issues aside, it is still the deconstruction of a family and therefore should be handled with care and respect for the feelings of all those involved. Those in Massachusetts who, like the Wendy and Rupert Murdoch, are dealing with a high net-worth divorce

Alimony discussion important for many ending marriage

David M. Gabriel & Associates

Massachusetts couples who have started or are contemplating divorce proceedings have many things to take into consideration, especially in regard to a request for alimony. Many divorce decisions must be made which factor into every single facet of life — from living arrangements to daily budgets. It is also important to gauge whether alimony may be necessary for the maintenance of that budget. How to live on a single income becomes a significant factor to consider. Finalizing a divorce does not always end all ties between two people, especially if a financial arrangement is necessary during the dissolution of a marriage. Alimony is often paid to an ex-spouse for a certain amount of time as ordered by the court. This income can be a necessity to a person who did not work during a marriage. Those who need time to prepare for reentering the work force or for those unable to work due to childcare responsibilities or other reasons may have a need for alimony. Divorce can be financially and emotionally draining. Some couples are able to deal with the stress with little to no intervention from outside sources. However, dealing with custody issues, dividing assets, alimony disputes and other difficult issues can make the process of ending a marriage seem long and difficult. For those in Massachusetts that are confronting these important issues, court proceedings may be necessary in those situations where the parties cannot come to an agreement among themselves. Many couples are not able to agree on

Pets more than just marital property in a divorce

David M. Gabriel & Associates

Most Massachusetts pet owners would be horrified if their precious furry friends were referred to as property, akin to a chair or table. Many couples see their dogs, cats and other pets as true family members; however, in a court of law, pets are seen as marital property during a divorce. This is a difficult realization for many couples attempting to decide what happens to their pets when their relationship ends. It’s the incredible attachment people have to their animals that is making more people fight over them once they decide to end their relationship in divorce. Those watching current trends in divorce have seen an increase in couples attempting to receive joint custody of their pets. Many couples care for their pets as if they were children and when their relationship ends decisions must be made as to the continued care of their pets. Regardless of whether the discussion is related to pets, children, monetary assets or property, the end of a relationship can bring on heated battles in how these are divided and shared. Many couples attempt to deal with this alone, which can lead to negative feelings and make the aftermath of a divorce bitter. Some couples decide on alternative dispute resolution techniques in order to address property division. Massachusetts couples considering divorce or currently going through the dissolution of a marriage may have difficult decisions to make in regards to the distribution of marital property, including pets, as they go through the process of ending their

Property division in Massachusetts best left to prenup

David M. Gabriel & Associates

Massachusetts residents considering divorce have many decisions to make. Some divorce proceedings are relatively simple, as there are no children or assets to consider, while other divorce proceedings require lengthy amounts of time attempting to determine the equitable distribution of property and other assets. Due to issues such as these, many couples have begun to consider prenuptial agreements. On June 5, 2013, in a post titled “A prenup can simplify Massachusetts property division“, we told our readers about the best ways to establish a prenup and be sure that it is valid. What many couples may not understand is that most states have a prenup of sorts already in place. Some individuals spend a significant portion of their years acquiring significant assets and building their careers. Once they make the decision to be married, many do not consider the possibility of that union dissolving. When a marriage does dissolve, regardless of the generosity of one spouse to the other, it is important their marriage end equitably. When there is no prenup, then it may be up to the state to determine what is fair and equitable, which may not be in the best interests of both spouses. When the state is left to divide property, regardless of how simple or complex the assets may be, a one-size-fits-most approach is used in place of a tailored plan designed to fit the needs of each spouse. The equitable distribution of assets is important to each individual’s financial future, which is one reason

DOMA ruling affects divorce for same-sex couples

David M. Gabriel & Associates

Marriage is one of the most important commitments a person can make in their lifetime. Massachusetts residents who choose same-sex marriage are usually filled with optimism and hope for the future of their relationship. No couple wants to think about the possibility of divorce. Unfortunately, many relationships do end, and understanding the laws in one’s state, as well as the new rulings issued in the Defense of Marriage Act (DOMA), is important to protect one’s interests when a marriage ends in divorce. Same-sex marriage is legal in Massachusetts, and therefore, residents of our state do not have to travel to other states to marry. With the U.S. Supreme Court’s decision to strike down part of the DOMA, federal benefits are now available to same-sex couples. Additionally, these couples are recognized on a federal level as being in a legal union. What does that mean for those Massachusetts’s residents seeking divorce? Because Massachusetts recognizes same-sex marriage, those who meet residency requirements are also able to divorce in Massachusetts. Given the new DOMA rulings, divorce for some same-sex couples will now become somewhat more complicated, especially if they have relocated to another state after they got married. Since federal benefits are now available for the spouses in same-sex marriages, these benefits will have to be considered during the dissolution of a marriage. Unfortunately, not all states recognize same-sex marriage, and therefore may not recognize a same-sex divorce, or the protections of the new laws. State and federal laws affect many areas of

Alimony not just for Massachusetts women in divorce

David M. Gabriel & Associates

It has been many years since women were primarily thought of as the weaker sex. If asked, many residents of Massachusetts would likely say men and women are equals. Women have the same rights as men, and most men see women as their equals in business, managing finances and other activities once solely the responsibility of men. So why, then, do men not ask for alimony during divorce proceedings in situations where the wife makes more money? According to the U.S. Census, there were only 12,000 male recipients of alimony, as compared to the 380,000 female recipients, in 2010. Given that nearly 40 percent of mothers who are married make an income greater than that of their husbands, one would think the number of men receiving alimony would be higher. When judges look at alimony in divorce proceedings, gender is not supposed to be a factor, so why do fewer men get alimony? Answered simply, they often just don’t ask for it. Many men see alimony as something for women. Some men reportedly see asking for alimony as a sign of weakness. When asking for alimony, even judges can have preconceived feelings about awarding spousal support for men. This is why men should be prepared to provide proof that alimony is needed to provide for their basic needs. In order for spousal support to discontinue being mostly for women, men will have to overcome gender biases and allow themselves an opportunity to receive support they may desperately need after a

Father’s rights deemed family rights by Va. Attorney General

Social media could affect high net-worth divorce in Massachusetts

Murdoch split highlights difficulties in high net-worth divorces

Alimony discussion important for many ending marriage

Pets more than just marital property in a divorce

Property division in Massachusetts best left to prenup

DOMA ruling affects divorce for same-sex couples

Alimony not just for Massachusetts women in divorce

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