Legal Question in Family Law in Massachusetts

Re: divorce/married ten years/3children/3homes

If the two of you remain amicable, the process and expense of divorce is minimized. There will need to be provisions for division of assets and debts, as well as custody, visitation and child support... alot of paperwork, calculations and long term planning. Contact me if you would like us us to represent you in these proceedings.

Re: divorce/married ten years/3children/3homes

First, you can do whatever you want, as long as you agree. You would have a lawyer write an agreement for you and submit it to the court with other divorce papers, if you are divorcing.

The Court will usually approve your sense of fairness.

On the other hand, it always helps to have the advice of counsel. If one person has the care of three children, then we must examine support, alimony, and property division as a whole to see how each party fares financially. If one party cannot afford child support, for example, because of incapacity, that might justify the custodial parent being awarded more property. I would have to hear the facts to make a more precise judgment.

How can property be divided by the spouses?

You can do what you want as long as the court deems it to be a fair and reasonable. This deals with the valuation of the property and how much is on each side of the ledger.

A division of property must be done in context of the of the settlement of the entire set of issues raised in a divorce action.

The spouses can agree to a division of property that is not equal. However, the court may question it. The parties would have to be ready to answer this.

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.