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Brockton MA Divorce Law Blog

Five important choices to make about your divorce

  • 16
  • May
    2013

Divorce is a life-changing event and it is even more complicated when children are involved. For Massachusetts couples without children, though, divorce can be stressful when it comes to property division, alimony and other important decisions. Here are five important choices you can make about your divorce that will make the process a bit easier.

First, consider contacting a mediator. These professionals can not only help keep the cost of your divorce down, but many couples find that mediation is a much more reasonable way to split. Some couples still choose to have an attorney represent each side, but leave the specifics to be decided between each other and the mediator.

Charlie Sheen's twin boys removed from ex-wife's custody

  • 09
  • May
    2013

Charlie Sheen is in the news again, although it's not for his own antics this time. His twin sons have been removed by child protective services from the home and custody of their mother, Brooke Mueller. Sheen and Mueller divorced in 2011. The boys were placed in the temporary custody of another one of Sheen's ex-wives, Denise Richards. Sheen's twins are 4-years-old and a spokesman for the actor said Sheen will fully participate in and cooperate with any child custody court proceeding.

There are reports that the Department of Children and Family Services removed the twin boys from Mueller's home due to safety concerns because of Mueller's alleged drug use and her involuntary confinement for a mental health evaluation. Mueller was placed in an involuntary psychiatric hold at UCLA Medical Center in Los Angeles last Wednesday, but has since been released and voluntarily enrolled in a drug treatment program in the same facility. There were various other reports that Mueller has not actually lived with the twins for several weeks. Richards had taken the boys in before, including in December 2012 when Mueller entered a drug treatment center, reportedly for an addiction to Adderall.

Be sure to settle college savings plans during divorce

  • 02
  • May
    2013

Saving for your children’s college can be a tough task, but for divorced parents, it can sometimes be even more difficult. This is often because the plans for college costs aren’t hammered out in the divorce proceedings like child support, child custody or alimony. In order to ensure that your children’s college costs are covered, it’s best to include a savings plan in the divorce settlement.

There are several ways this can be done. One way is to freeze a 529 plan account. This account is used to save for college expenses and offers tax advantages. The owner of the account, though, can take money out of the account for other purposes, although they would incur a tax penalty for any expenditure that wasn’t for education--related expenses. If the account is frozen during the divorce, the money that is in it can only be used to pay for education expenses for the child or children specifically named. The benefit of this is that the money cannot be used to pay for education expenses for a child from a subsequent marriage.

Co-parenting after the divorce

  • 22
  • April
    2013

While divorce can seem like a monumental obstacle that is difficult to get over, for divorcing parents, it's actually just the beginning of another very big challenge - co--parenting your children. While there are visitation schedules that must be kept and feelings that must be put aside, for the two parents that continue to raise their children "together" in two separate households, a congratulations is in order.

Not all parents are able to do so -- at least not in a manner that is best for the children. Divorce is often harder for kids to deal with than adults. In order to help them adjust, it will take a lot of work and some compromise.

Recent survey finds more unmarried "Millennials" homebuyers

  • 17
  • April
    2013

The current generation, the so-called Millennials, are putting off marriage longer than any group before them. In 1990, the median age for women to get married was 23.9, for men, it was 26.1. Last year, that age had crept up to 26.6 for women and 28.6 for men.

It may be an effort to avoid rushing into a marriage that could fail in a divorce because of a lack of preparation or immaturity. They have witnessed divorces of their parents and more couples are living together prior to marriage.

Is that prenuptial agreement valid?

  • 09
  • April
    2013

Prenuptial agreements are useful tools if you, your spouse or both have significant assets. The purpose of a prenuptial agreement is to identify specific assets that will remain outside the marital estate at the time of a divorce. This can be done to protect specific assets or to protect the interests of some potential beneficiaries, like children from a first marriage during a second marriage.

Prenuptial agreements are typically accepted by the courts as valid contracts and are assumed enforceable during the property division. However, because they are contracts, prenuptial agreements must be properly drafted to comply with the laws of Massachusetts.

Will you need special help selling the family home during a divorce?

  • 04
  • April
    2013

In many divorces, the largest asset of the couple will be the family home. For some, it will be a sad day when they have to sell the property because of the divorce, because it often embodies many memories of a better time, milestones marking the arrival or growth of a child and family holidays.

Sentimental concerns may be mixed with more current emotions, where a party may feel the property is tainted with the presence of the other spouse. What is perhaps the most difficult part of the equation is to realize that the home possess neither good nor bad traits. For buyers, it's a new home, and it's a financial transaction. A couple in a divorce need to divorce their emotions when looking the financial aspect, and determine how to handle the home as an asset in the division of marital property.

Financial considerations after a divorce

  • 26
  • March
    2013

After a divorce, you may face a very different financial situation than what existed during your marriage. First, you have to establish two households, which is not inexpensive. Then there's often child support. And remember, child support does not go away. Ever. You can't discharge it in bankruptcy, your tax refunds can be garnished for it, and the State Department can prevent you from obtaining a passport or ever leaving the county.

You may also have to pay spousal support. Even though Massachusetts has recently changed its alimony laws, your former spouse may receive some level of spousal support, to enable her to become self-supporting. If you are the spouse receiving the support, chances are it may have an end date. You are facing the prospect of reentering the job market and all of the complexity that entails.

How do you divorce, if you have never been married?

  • 21
  • March
    2013

Divorce is typically seen as a negative, because it results from a marriage falling apart. People complain about going to court, dealing with divorce attorneys and paperwork, and a thousand and one other items that are involved with the formal dissolution of marriage. But what happens when there is no formal "thing" to dissolve?

What is often overlooked is that for all of the difficulties associated with divorce and the legal mechanism that it is embedded within, is that there is a process. For all its quirks and failings, when you walk in to a family lawyer's office and say, "I want a divorce," they do not give you a blank look. Child custody, visitation, spousal support, alimony and property division are all meaningful terms that define elements of that process.

A do-it-yourself divorce may be more expensive than you think

  • 12
  • March
    2013

You may want to save some money during your divorce. You have spoken to a few friends in Massachusetts who have been divorced. They may have told you what their divorce cost, and you may think there must be a cheaper way.

But you may not know why their divorce cost what it did; they may have been insistent on litigating every issue, or perhaps they had a complex and contentious property division. Of course, there is an inexpensive way to get a divorce, at least at first. Do-it-yourself divorces are allowed in some states for some people.