A divorce judgment will allocate assets between the spouses. This property division will address all assets owned by either party or both party without regard to the title prior to the divorce. In many instances the final judgment will allow some or all assets to be...
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How to make property division in a divorce easier
There is no greater waste of money in a divorce than fighting over division of small personal property owned by a couple. The attorney fees spent to argue over beds, sofas, kitchen table, tvs, and other household items usually exceed the value of the items. A dining...
Separation agreements can’t contract away bankruptcy protections
I recently negotiated a separation agreement in a divorce in which the opposing attorney insisted on inserting a clause that on its face prevented the parties from receiving the benefit of bankruptcy laws if one of them filed a bankruptcy petition in federal court....
Prepare for a divorce – create a household inventory
In most cases, people anticipate a divorce before it happens. While some actions taken before a divorce can receive an adverse reaction from a spouse, creating an inventory should not. Creating an inventory can be helpful in case you suffer an insurance loss such as...
Problems with trial separations
Many couples who experience problems in their relationships choose a trial separation in the hope of having some time off and then improving their marriage. It is my experience, as a divorce lawyer, that trial separations lead to divorce. When it comes to separations,...
What will the court do in a divorce when I prove that my spouse cheated?
Discovering that your spouse has been unfaithful can be an emotional disaster. To many people, this is a wrong that can never be corrected. It can destroy a marriage. People expect that infidelity will be punished by a Judge in a divorce and the innocent spouse will...
Who gets the engagement ring when the wedding is called off?
In Massachusetts, an engagement ring is usually considered a conditional gift: given on the condition that the couple gets married. The normal expectation is that if the engagement is broken and the wedding doesn't occur, then the ring will be returned. However, it...
Joint credit card debt and divorce
A divorce needs to address all marital assets and liabilities. Included in the liabilities are joint credit card debt. The final divorce judgment should address the joint credit card debts and explain who must pay the debt. The debt can be split between the spouses or...
What is a QDRO?
QDRO stands for “Qualified Domestic Relations Order.” The term is created by federal law and applies to retirement plans created under ERISA, the Employee Retirement Income Security Act. ERISA is the federal law that allows private employers and individuals to have...
What does it take for a party to get 90% of the assets in a divorce?
Property division in a divorce is controlled by G.L. c. 208, §34 which lists the factors for a judge to consider when making a decision about property division. Usually, the judge makes a division somewhere between a 50-50 split and a 60-40 split. Sometimes, the judge...
