Legal Question in Family Law in Massachusetts

Re: Who files first (for divorce)

Marriage made that much difference?

The Supreme Judicial Court has ruled that unmarried partners cannot get the same benefits on separation as married persons under MA law. Your problems are 1) no prenuptial agreement and 2) 3 children.

For short-term marriages, the courts tend to try to put the parties where they were before the marriage in terms of assets, with adjustments for contributions by each party during the marriage.

It probably makes no difference if you sell the house before or after the divorce, unless the divorce takes a long time, but I can't tell for sure without a much more detailed interview, and even then, I can't predict what a particular judge might do under the circumstances.

To avoid giving a lot of money to lawyers, you may want to try work out a "postnuptial agreement" to provide for the division of assets, including the equity in house, in the event of a divorce.

Re: Who files first (for divorce)

Based on the fact that you were together for 12 years prior to the marriage and had three children and thereafter, you were married, these factors will all be considered in determining the precentage of assets/liabilities, etc.

If the only reason you are selling your home is based on trying to cheat your partner out of what assets she may be entitled, is not a good or legal route to take.

Even if you had a prenup agreement, if at the time of divorce you have children, etc., the judge could find that under the present circumstances that prior prenup would not be fair anyways.

Also, if your wife ends up the custodial parent (and if she has always been the primary care-taker of them, she will most likely be entitled to physical custody) that will be another factor as to the amount of assets and the like she is entitled for the care and maintenance of your children.

I strongly suggest that you atleast meet with a family attorney to discuss your situation and your options.

Sincerely, Maria Murber