Legal Question in Family Law in Massachusetts

Fair Divorce Arrangement?

My husband makes a gross salary of $3,983 a week. We have marital assets (exclusive of real estate) worth $1,357,288. We have joint custody of 4 children with the oldest 19 and youngest 12 year old twins. I am very concerned regarding my current divorce law situation. Right now it is set up that he will pay the remaining mortgage of $204,533 ($120,00 from a joint account), taxes $12,197/yr. and insurance $1,475/yr from joint investment property. I will continue to live in our home that I have raised our children and pay the utiilties which is about $500/month. I have not made any income for the past 15 years since I had decided that I wanted to be a homemaker and always be there for my children. My current lawyer has it set up that I will receive alimony $550/wk and child support $150/wk.

This situation does not sound fair to me and I need your help to figure this out. Thank you.


Asked on 3/26/08, 5:01 pm

4 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Fair Divorce Arrangement?

One more point that I did not think to mention last night: it would be legal malpractice for any of us to pass judgment on the complicated situation you describe without a full and extensive consultation.

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Answered on 3/27/08, 6:55 am

Re: Fair Divorce Arrangement?

If you do not think it is fair and it does not sound fair to me, you need to talk to another attorney.

You keep coming back to this forum and asking attorneys essentially the same question over and over again. Your child support should be $1400 week for the 4 teenagers. You are entitled to 1/2 the marital assets and some alimony as well. Does the $1.5 Million include his retirement?

You may have to pay some of the Mortgage and taxes from your alimony and child support but a $204,000 mortgage even with $12,000 in taxes will not be that bad.

Call another attorney. Go see them and ask for help. I will be happy to help you as would the many other attorneys who have responded to you.

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Answered on 3/26/08, 5:19 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Fair Divorce Arrangement?

You should be asking these question of the attorney representing you as they have all the facts.

If you can not get satisfactory answers, then consult another attorney for a second opinion, but that attorney will need to have access to all the facts currently available to your current attorney. Good Luck.

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Answered on 3/26/08, 6:03 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Fair Divorce Arrangement?

It is time to get another attorney and refuse this deal. If you are not in litigation already, file.

However, as noted by others, this is not the place to get a full second opinion, especially not via multiple posts. It is not even the place to really interview a prospective new attorney. That place is the confidential office of an attorney, That attorney deserves compensation for fully reviewing the facts of your marriage, the marital estate, the best interest of the children, and so on.

For what it is worth, most if not all of the attorneys here are civic-minded and like to help, so we answer questions. However, not ONE of us would honestly say that we don't hope for a client or two out of these posts. I am VERY honest: I hope for a client or two out of these posts, clients who will pay me for taking a dive into the facts, the law, and the merits of each situation. Divorce law is not science, it is art -- we mix base law, facts, knowledge of the parties, knowledge of the personnel in the courts and the way each court works, and so on to help people get their lives together. Anyone who makes it look easy does so because he or she has spent years gaining experience.

Please pay an attorney for his or her experience, and give that attorney a chance to really understand your situation. It cannot be done here, nor piecemeal.

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Answered on 3/26/08, 9:15 pm


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