No one marries with the idea that they might want a divorce in the future. Even rarer, is for a divorcing couple – after the divorce has been finalized – to have a change of heart and decide that they want to remain married after all. But that is exactly what happened to Terrie Harmon and Thomas McCarron, who decided to terminate their relationship in 2014 after 24 years of marriage. Shortly afterwards, however, the couple claims that they worked things out, and wanted to undo their divorce.
While divorce may not be as common as marriage, it certainly occurs with frequency in Massachusetts. If you are considering getting a divorce, you likely have questions about the process and your rights. The following considers some of the most common questions about divorce in Massachusetts, including whether or not you need a divorce attorney:
For parents who are seeking a divorce, who will get custody of the children is often the most controversial issues that parents will have to solve. And, what can be even more complex is when there is a debate over whether or not the father in the divorce is the actual father of the child (for women, a birth certificate is proof that the child is the mother’s biological child). This can leave many fathers wondering: Do I need to establish paternity in order to get custody of my child?
Divorce does not have to be an adversarial process but the alternative requires that both parties exercise reason, strip away animosities and have the willingness to compromise. There are plenty of horror stories about how much a contested divorce costs in financial and emotional terms but it need not result in that. In resolving a dissolution, there are alternatives to the “traditional” divorce, or adversarial process, including an approach focusing on collaboration between the parties.
If you are living in New Hampshire and are contemplating divorce, there are a number of facets about marriage dissolution that you should be aware of so that you can be prepared and make plans for life after divorce.
***If you are not living in New Hampshire and have no connection to New Hampshire you cannot come to the state for the sole purpose of attaining a divorce.***
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: