The valuation date for marital property can be a significant issue in a divorce because asset value is rarely static. Oftentimes, property appreciates after the separation or divorce process has commenced and before the divorce is final. When there are larger assets,...
The valuation of real estate and other assets is an issue that arises in divorce--and it's often a contentious one. In a divorce, the Probate and Family Court judge needs a complete picture of the parties' assets and the assets' value to determine an equitable...
Arbitration is a type of alternative dispute resolution. It's a way to resolve a case outside of the litigation process. Through arbitration, a third-party neutral (the arbitrator) decides specific issues in a case, or the entire case, after considering evidence,...
A prenuptial agreement can eliminate much of the guesswork from the divorce process and save divorcing spouses time and money. Also known as an "antenuptial agreement" or a "prenup," it is a written contract engaged couples sign prior to marriage that clearly outlines...
What to do with the marital home can be a major point of contention for divorcing spouses. Some spouses decide to sell the marital home and split the proceeds. Others decide that one spouse will keep the home after the divorce and buy the other out of their interest...
We've encountered this issue repeatedly. A parent seeks a 209A restraining order in the District Court. Notice is given to the alleged abuser that the District Court will hold a restraining order hearing. At that hearing, the parent seeking the order asks for child...
If a judge agrees to reduce a party's existing alimony obligation, does that reduction automatically go into effect once the judgment issues? Or, can the judge delay the reduction's effective date? A recent Massachusetts Appeals Court case, Dolan v. Dolan, answers...
In many cases involving alimony, the court orders a party to pay alimony at the time of divorce. In some cases, a court may modify alimony after the divorce -- either increase, decrease, or altogether terminate alimony. To prevail on an alimony modification, the...
A restraining order serves to protect victims of abuse perpetrated by certain categories of people. In Massachusetts, a court can issue a 209A restraining order against a member or former member of the victim’s household. A court can also issue a 209A restraining...
During a divorce, the court divides the parties’ marital property in an equitable manner. In order to do so, the parties must truthfully disclose their assets and liabilities. But, what if they don’t? What if there is a misrepresentation in disclosing marital assets?...