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Boston Divorce Law Blog

Back-to-school time and ending your marriage

For parents, the time of year when their children return to school can be challenging for different reasons. If you have a child who is getting ready for school start back up, you may be dealing with some of these hurdles yourself, such as buying school supplies, buying clothes, and trying to talk with your child about how their daily life will change. At Kajko, Weisman & Colasanti, our Massachusetts law firm also understands the ways that divorce can be particularly difficult for parents during this time of year.

There are various things you may want to keep in mind when it comes to ending your marriage and the impact it may have on your child. For example, during school season, children may feel even more stressed out. As a result, you should try to communicate properly with your child, address any concerns they have, and provide answers to their questions. By understanding how your child sees your divorce and taking their point of view into consideration, you may be able to make the transition easier for them.

Family-run businesses and high asset divorce

When it comes to high asset divorces, there are many different issues that can make splitting up with a spouse even more challenging. In Boston, and cities all across Massachusetts, high net worth couples often have far more at stake and it is particularly important for you to carefully go over all of your options and understand the potential financial impact on divorce if you are in this position. At Kajko, Weisman & Colasanti, we know how beneficial preparation can be under these circumstances, especially for those who have a family-run business.

If you and your marital partner operate a business, the two of you may want to try to talk about how divorce will change things and take steps to make the process simpler, if you are able to. However, this is not always possible, but it is always helpful to carefully look into divorce issues and be ready for all potential outcomes. Some people may worry that splitting up with their marital partner will be devastating for their business, but they may be able to reduce the impact of divorce by clearly identifying the best course of action.

Preparing for your Massachusetts child custody hearing

Massachusetts parents who go to court for a custody hearing only go because they cannot agree between themselves on what custody arrangement is best for their children. Thus a judge must decide this crucially important issue.

Before going to court and testifying, parents need to be aware of several terms and situations addressed by Massachusetts law. First and foremost, they need to understand the different custody options. The 190th General Court of the Commonwealth of Massachusetts defines the normally available four types of custody as follows:

How common is back child support?

Unpaid child support can create serious problems for custodial parents and non-custodial parents as well. In Boston, and cities all around Massachusetts, many parents have fallen behind on their child support payments. Unfortunately, this can generate a variety of problems, from the threat of arrest to tax refund interception and wage garnishment. Moreover, custodial parents may have difficulties as well, whether they cannot afford school supplies or the cost of clothes.

According to the U.S. Census Bureau, over half of the parents who were owed child support in 2013 did not receive full payments. In fact, only 45 percent received full payments while 74 percent received partial or full payments during the same year. However, those who did not receive any child support payments, or who were not paid in full, accounted for a large number of custodial parents owed child support. In 2013, $32.9 billion worth of child support was owed, but only 68 percent was received.

Going through divorce during Independence Day

When the Fourth of July rolls around, many people look forward to family functions and firework displays. However, if you are in the middle of a divorce, this time of year can be particularly challenging for different reasons. At Kajko, Weisman & Colasanti, our firm understands the various ways that divorce can generate stress during the holiday for families across Massachusetts.

Divorce and family law matters (such as child support, custody, alimony and other issues) can make it harder for people to enjoy themselves during Independence Day. However, they can be difficult for other reasons. For example, children may feel stressed out and parents may worry about their divorce affecting kids. Or, questions may arise at a family party. For example, relatives may ask why a person’s spouse is not attending the party or why they decided to split up.

What are some reasons why couples are granted fault divorces?

With regard to high asset divorces, there are countless reasons why couples decide to split up. In Boston, and in other Massachusetts cities, some high asset couples go through a no-fault divorce, while others involve one party claiming the other was at fault. Whether you are worried about your reputation or wish to move forward with a fault divorce, it may be helpful to go over some examples of fault.

According to the Massachusetts Court System, there are a number of reasons why couples are granted a fault divorce. For example, fault divorces are possible because of abuse and cruel treatment, a spouse’s failure to pay support that he or she owes, persistent intoxication, deserting a spouse, and having sexual relations with another person. Furthermore, there are other reasons why these divorces are granted, which many people may not realize. For example, a fault divorce can be granted because a spouse has been sent to prison for a period of time greater than five years or because of a partner’s impotency.

What are some examples of domestic violence?

Married couples decide to split up with each other for an array of reasons, from relocation to one party having an affair. In Boston, and cities all throughout Massachusetts, filing for divorce and splitting up with a spouse can be very difficult. However, some people end their marriage due to domestic violence and the process of divorce can be especially challenging for people who have found themselves in this position. If you think that you may be a victim of domestic violence, or believe you have been wrongly accused of this offense, it may be helpful to review some examples of domestic violence.

According to the United States Department of Justice, domestic violence takes many forms. For example, abuse may be emotional, such as constant name-calling and relentless criticism. Or, abuse may be psychological, such as making threats to hurt someone in the family. Sometimes, domestic violence is sexual, such as instances of marital rape, or physical, such as punching, biting, shoving, and other behaviors that cause physical harm. In fact, domestic violence may also be economic, such as preventing someone from working or taking their money.

What is reimbursement alimony?

During the divorce process, a multitude of worries may arise. For example, you could have to deal with a child custody dispute, which can be especially draining. Or, perhaps you and your spouse disagree about how your marital property will be split up. However, alimony is another potentially contentious topic and it is important to understand what your obligations may be or the amount of alimony you can expect to receive. For example, if you are in Boston, and are ordered to pay reimbursement alimony, you should review how this matter is handled in Massachusetts.

According to the Massachusetts Judicial Branch, people are required to pay reimbursement alimony in order to account for certain expenses that were covered by one’s former spouse. For example, if your spouse took care of your job training costs or your academic expenses when you were married, you may have to pay reimbursement alimony, under certain circumstances. This alimony, which can be paid all at once or through periodic payments, is not to be paid for a period lasting longer than five years.

Handling family law issues with PTSD

On this blog, many different topics related to divorce have been discussed, from the custody of children to the division of marital property. However, it is important to keep in mind that other matters, such as post-traumatic stress disorder, can affect a couple working through the divorce process. At Kajko, Weisman & Colasanti, our Massachusetts law firm understands how difficult divorce can be for couples who are dealing with a wide variety of challenges in Boston and across the state.

If you have PTSD, your divorce may be more tricky for various reasons. For example, you may experience even more stress in court and throughout your divorce, but it is vital to stay focused and do everything you can to move closer to a positive outcome. On the other hand, perhaps your spouse or former spouse has PTSD, which could also affect you in different ways, whether you are trying to talk to them about divorce or are dealing with child support and other family law matters.

Does PTSD increase the likelihood of divorce?

On this legal blog, we have gone over various topics concerning divorce, from child support to alimony and custody. If you are thinking about splitting up with your marital partner, you may want to think about some of the unique aspects of your circumstances that could affect you throughout the divorce process, such as whether or not you have children. Furthermore, if you or your spouse have PTSD, you may want to keep this in mind throughout divorce.

According to the U.S. Department of Veteran Affairs, research has shown that post-traumatic stress disorder may increase the likelihood that a married couple will divorce. In fact, statistics show that some veterans who fought in previous wars and suffered from PTSD had a higher divorce rate in comparison to those who did not have PTSD. PTSD, in addition to divorce-related anxiety, can make daily life very challenging.

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