Divorce News

As a Divorce Law Firm we like to keep our clients up to date about the newest cases, trends in the industy, and provide tips for helping our people achieve the best outcome possible.  Our news posts hope to valuable to people who are either thinking about Divorce our are beginning the process.  Please feel free to go read our archives and find some tips that will help you. If you have any questions please feel free to call us any time.

 

Same Sex Divorce

Massachusetts is one of 33 states that recognize and grant same sex marriages. Consequently, the laws of divorce should apply to them as well.

 

A quandary in this area recently surfaced in Utah where a federal court ruled that the state’s law defining marriage as between a man and a woman was unlawful as it violated the Due Process and Equal Protection provisions of the 14th Amendment to the US Constitution. The ruling is under appeal. Read more

When contemplating divorce or after a complaint for divorce has been filed, one or both parties always seems to make a costly mistake. One critical mistake is in moving out of the house too soon.

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Before you begin the divorce process, it is best if you are aware of the beginning steps so that you are prepared both financially and emotionally for the changes in your life to come. Before you meet with a divorce lawyer, it is essential that you know what documents you will need and the basic steps involved.

 

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A divorce can be a life-changing event and not a decision that is made casually. If there are children or considerable marital assets you must consider the emotional impact on your children as well as the financial consequences for both spouses. Before you hire a divorce lawyer, here are 5 top questions to ask:
 
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When divorcing, the issues facing a male or female are often different. In a traditional marriage or even one involving same-sex couples, there is usually one spouse who is the primary caregiver for the children and another who earns more than the other if both spouses are working. Emotional issues are different as well. The following discusses some of the issues women generally face while the divorce is pending and after final judgment.

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If you have reached the point of mediating a legal dispute, the last thing you want – or need – is confusion and frustration during the process. Even the simplest cases that often require mediation, such as divorce, custody, and a host of other civil matters, are overwhelming. These matters involve the people you love the most – your children, spouse, or perhaps a family member that has been harmed in some way. Read more

When parents divorce, they are granted joint custody in many cases. In other cases, one parent may retain custody while the other is simply granted visitation. In either case, there is usually a set schedule as to when each parent is allowed to spend time with their child. In some divorce cases, parents are allowed a loose schedule as long as both parents fulfill their part of a parenting plan. In other cases, the schedule is more strictly adhered to, with set days, hours, etc. all written clearly into a court order. Unfortunately, life does not always follow a set schedule. Car trouble, job requirements, moving, even the flu can cause one parent to need to reschedule time with their child. If you need to change visitation hours which were set in your divorce order, contact a divorce lawyer such as Boston Divorce Attorney Doug Lovenberg.

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In most instances, the marriage contract is not only a promise to love, honor, and cherish your chosen mate until the end of life, but it is also a legal obligation to support one another. Often, this obligation does not end when the marriage does, and one spouse is ordered by the court to continue offering financial support to the other. This is known as alimony. As any alimony lawyer can tell you, there are not many ways in which alimony can be discharged. If you have questions about alimony and change in financial situation, give the law offices of Boston Divorce Lawyer Doug Lovenberg a call.

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It’s that moment. He is down on one knee. She is holding her breath. A ring is about to come out of his pocket and be offered to her…but is it really hers to keep? Well, that all depends. Although the laws are different from state to state, there are generally two questions which determine who gets the ring: Who was at fault in the breakup or divorce, and whether or not the ring was a gift. Even the second question has its own conditions. For example, even if the ring is determined to have been a gift, was it a conditional gift?  In most cases, the courts will not order a gift to be returned upon a breakup or divorce. However, if the gift was conditional, (such as the condition that the couple marry or stay married) then the courts may order the ring returned when the conditions are not met. Then there are the family heirlooms. If the ring was an heirloom, then it will most likely be returned to the family from which it came, no matter who was at fault in a breakup or divorce. Boston Divorce Lawyer Doug Lovenberg is knowledgeable in Engagement Ring Law, and can help answer any questions you may have about getting the ring back in a divorce.

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There are currently only seventeen states which recognize same sex marriage as a legal union: Washington D.C., Washington State, Vermont, Rhode Island, New York, New Jersey, New Hampshire, Minnesota, Massachusetts, Maryland, Maine, Iowa, Illinois, Hawaii, Delaware, Connecticut, and California. For two people who are involved in a same sex marriage, gay divorce and the law can be almost impossible, especially if they reside in other states.

 

Once gay marriage became legal in various states, couples flocked from other states in their excitement to tie the knot. Unfortunately, these gay couples, much like their straight peers, never anticipated the fact that they may split ways one day. Divorcing as a gay couple in a state which does not recognize same sex marriage is a very complicated process.  If you have questions about gay divorce and the law, or same sex divorce, contact Boston Divorce Attorney Doug Lovenberg.

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