Legal Question in Family Law in Massachusetts
motion to vacate and impact on case
Does filing a motion to vacate impact the finanial division of property i.e if there is abuse then does the abused party get more because they don't have a choice but to get out of the marriage?
2 Answers from Attorneys
Re: motion to vacate and impact on case
Financial division of assets depends upon a number of factors which must, by statute, be considered. Abuse is only one of the factors. Winning a motion to vacate may suggest that there has been misconduct harming the other party, which is one of the factors, but it by no means mandate any particular division of property.
Re: motion to vacate and impact on case
A motion to vacate, if allowed, changes all terms of the divorce by vacating everything. The parties can then argue all issues should have a different final result.
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