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

With all of the paperwork that must be done and the decisions that must be made when going through a divorce in Massachusetts, it is possible to forget about certain things or overlook them. When it comes to marital assets, though, it’s important to remember everything so that you don’t lose out during the process of property division. Here are a few key things to remember: 1. Employee benefits. This could include a pension plan, for example, which may need to be divided for the future. 2. Carryover totals for a capital loss. These can be used in future years for tax purposes and could have an impact on what is owed or refunded. 3. End-of-life purchases. For example, a couple may have purchased a cemetery plot. Funerals and burial expenses are only getting more costly every year. 4. Collectible items. Some memorabilia—like a signed football jersey or an autographed guitar—can be worth quite a bit. Be sure to look through the storage carefully for items that may have been forgotten. 5. Memberships that are paid in advance. This could be a membership to a yacht club, a country club, or something else of this nature. 6. Gifts from a spouse. Technically, even if a gift was given from one spouse to the other, it still counts as marital property that is owned by both people. As such, it can be divided along with other assets. This is true for gifts given after the wedding day, but not for any

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

In the state of Massachusetts, the court decides what property is divided in the situation of divorce. This is often the greatest concern of both parties, aside from child custody agreements. A husband or wife might also be required to pay alimony to the other spouse, if circumstances are correct for that to occur. Property division depends greatly on whether or not the assets are considered marital property or separate property. Generally speaking, most states divide all marital property fairly and evenly between the two divorcing people. Under some circumstances, special consideration might be taken that benefits one spouse over the other. This includes if children are involved in a situation that included abuse. Marital property is any property that was assumed by the couple or as individuals during the marriage. Some property that belonged to one or the other spouse before the marriage might also be considered marital property during a divorce. For this reason, it is important to protect any property that you might have before entering marriage with a prenuptial agreement. Separate property includes any and all assets that are truly owned by one individual, rather than the couple together. This includes anything that is outlined in the prenuptial agreement, as well as property that was specified as belonging to one person during the marriage. The division of property can be a stressful process. Going to divorce mediation could make this easier on both parties. If you have additional questions about property division, speaking to an experienced.

Even if you were the party who initiated the process, going through a divorce is often one of the most painful and stressful events in a person’s life. You must suddenly find a new way of living, split all assets fair and equally and, if you have children, make child support arrangements. Though most people set out to make their divorce as civil and stress-free as possible, the process often ends up spawning many disagreements. One of the best ways to work through a divorce in Massachusetts is mediation. This can be great for settling the division of assets and property. Mediation is a route that is used to come to agreements that work for both parties without the need of a lengthy courtroom process. When a divorce case goes to court, property division is placed in the hands of the judge. This judge, more often than not, does not know the divorcing parties on an individual basis. Property that is important to you might be lost. Going through mediation lets you have half the control over what happens to the property that you previously co-owned with your ex-spouse. The two of you will sit down together with a professional mediator and outline goals so that you can seek solutions. By the end of the mediation process, assets will be fairly divided in a way that both parties agree with. This removes a great deal of time and stress. If you are going through a divorce, mediation might be the

Prenuptial agreements by their nature may not be equitable in the same sense as separation agreement entered into upon a divorce. Massachusetts law as interpreted by its courts holds that one spouse relinquishing claims to the existing assets of a future spouse – even if those assets are substantial – does not necessarily mean that a prenuptial agreement is invalid on its face. Thus, it is possible for a prenuptial agreement to be one-sided in nature, and to leave one spouse in a position after the divorce that may be less than what he or she had during the marriage. Instead, the legal test of the conscionability of such an agreement is whether it strips the spouse contesting its validity of substantially all marital interests. The considerations underlying conscionability include whether either party to the prenuptial agreement engaged in fraud, or failed to fully and fairly disclose assets, or in some other way took unfair advantage the other at the time the agreement was executed. For many years courts in Massachusetts used the term “fair and reasonable” to describe the requirement that a prenuptial agreement should be fundamentally fair even if it is not as balanced as a separation agreement might be, but they now use the term “conscionability” instead. The drafting of a valid, conscionable prenuptial agreement, particularly when the prospective spouses are significantly unequal in the income and assets that they bring into the marriage, can be fraught with legal peril if it is done in a way

One of the biggest news stories in the past few weeks has been the unfolding story of the hack of Ashley Madison. Ashley Madison is a site on which married individuals can find someone with which they can have an affair. Though adultery is not illegal, it is typically regarded as a terrible act. With the hack, about 37 million people have been exposed as cheaters, including many in Massachusetts. Briefly, a group called The Impact Team threatened to publish the data they had gathered by hacking Ashley Madison unless changes were made. Specifically, they wanted the site to disable the “full delete” feature, which allows users to wipe away any trace of their presence on the site. Ashley Madison refused, and the data was released for public consumption. As such, many couples in Massachusetts will likely be looking for a divorce in the next few months as their partner is exposed is a cheater. It is important to understand exactly how adultery plays into the divorce process, especially when it comes to dividing assets. In essence, adultery is a valid reason to grant a divorce in Massachusetts. But, it has no bearing on dividing marital property. The only exception is if the unfaithful partner spend large amounts of marital money on the affair. Otherwise, the infidelity is disregarded. Anyone who is considering a divorce due to adultery or any other reason may benefit from speaking with an attorney. A divorce lawyer may be able to provide in-depth information and

In a Massachusetts divorce proceeding, property is divided equitably, based on each partner’s income and other factors. One piece of property is often overlooked, though: your pets. Of course, thinking of your pets as property may feel as terrible as putting your children in the same category. They are part of the family, after all. The courts understand this, and have created a sort of mixture of property division and custody when it comes to your dog, cat or other animal. If one partner does not want to give up the pet, it is possible to create a sort of co-ownership, including visitation rights and other aspects. But, just like in a co-parenting scenario, a co-ownership means both parties are equally responsible for buying food, providing healthcare and the like for your pet. But if one partner wants total ownership, things can get a bit tricky. It often comes down to separate versus communal / marital property. If the couple bought the animal together, this is often grounds enough for co-ownership. However, if one spouse brought the pet into the marriage, or received it as a gift, it could be argued that it is separate property and therefore not subject to shared rights. The “gift” aspect is often the most complicated, as it could be implied that one spouse bought it for the other with the notion that it would become marital property. Like any other kind of property division dispute, pet ownership can be complex. As such, it can