There are many aspects of a divorce that people do not understand or have assumptions about that are incorrect. For some, knowing the truth or the law regarding certain assumptions could be a determining factor that can change their lives. The following are 7 divorce myths that are commonly held by persons unfamiliar with the divorce process:
Massachusetts employs a method of increasing the amount of alimony paid if the payor’s gross income increases, such as with a year-end bonus or commission payments, and is done so on as if, or when the added income, is realized. This is a self-modifying provision routinely included in many alimony orders. However, you should be aware of certain limitations to this practice as one recent court noted.
When a person files for a divorce in Massachusetts—either a no fault or a fault-based divorce—he or she must make the divorce known to the individual from whom separation is sought. If only one spouse is filing, the filing spouse must inform his or her spouse that s/he has filed for divorce by serving his/her spouse with a copy of the complaint and summons. Usually, these papers can be served by in person, by a process server, or by the local sheriff.
While some divorce actions are settled quickly when divorcing parties are in agreement about the divorce and related issues (i.e., property division, child support, etc.), many divorces can take multiple months to settle. For a financially dependent spouse, these months can equal economic devastation without the support of the financially independent spouse. As such, a judge may issue an order for temporary spousal support. Here is what you need to know:
Collaborative divorce is emerging as one of the most popular methods of dispute resolution amongst separating couples in New Hampshire. While collaborative divorce is not for everyone, it does have some distinct benefits that make it the preferred choice for many. The following reviews the advantages and disadvantages of the collaborative divorce process, as well as how the attorneys at the Law Offices of Attorney Michael F. Mimno can help you if you are unsure about collaborative vs. traditional divorce.
Most divorcing couples, especially those that have children, will need to resolve issues like child custody, spousal support payments, and child support upon legal separation. For couples who are above the age of 50, however, the issues that are most common are very unique. Often colloquially referred to as “grey divorce,” middle-aged and older couples who are divorcing require the representation of a Massachusetts divorce attorney who understands distinctive divorce dilemmas couples in this age range face. Attorney Michael F. Mimno, Family Law Specialist, can help. The following reviews unique issues in grey divorce:
While women may not be more likely to initiate a breakup when in a relationship, studies show that they are indeed more likely to initiate a divorce. In fact, according to the Austin Institute, the percentage of couples who thought about leaving their partner within the past year was 20 percent for married women, compared to only 13 percent of married men. And in the same study, 55 percent of divorced women said that they wanted their marriages to end; 29 percent of men said the same. The following considerations some of the top reasons that women are more likely to initiate a divorce, and the benefits of consulting with an Andover or Londonderry family and divorce lawyer if you’re considering dissolution of marriage.
When the Supreme Court of the United States issued a 5 to 4 ruling on the famous same-sex marriage case in June of 2015, the ability to get married—regardless of your sex, or the sex of your partner—became a right nationwide. In Massachusetts, same-sex marriages have been recognized on a state level since 2004. In New Hampshire, same-sex marriages have been recognized since 2010.
When two people are in agreement about the terms of divorce, the divorce proceedings are relatively simple. Typically, the partys’ attorneys will draft a divorce agreement (highlighting things such as child custody, spousal maintenance, property division, etc.), and both parties—as well as a judge—will sign off on it.
Andover, MA Office The Law Offices of Michael F. Mimno 305 N Main St, Andover, MA 01810 Phone: (978) 470-4567 Fax: (978) 470-4560
Londonderry, NH Office The Law Offices of Michael F. Mimno One Verani Way Londonderry, NH 03053 (978) 470-4567
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