Is Massachusetts a Community Property State for Divorce?
If you’re wondering whether or not your marriage will be considered as community property, the answer is no. In Massachusetts, marital property includes any income, assets and property acquired by either spouse during the marriage. This means that all of these things are divided equitably (fairly) but not necessarily equally. A judge will divide marital property equitably (fairly), but not necessarily equally. “Marital property” includes any income, assets and property acquired by either spouse during the marriage. If you’re going through a divorce, it can be difficult to figure out what to do with your assets.
The spouses—or the court if the spouses can’t agree—generally assign a monetary value to each item of property. Appraisals can help a couple determine the value of real property as well as items like antiques or artwork. Retirement assets can be very difficult to evaluate and may require the assistance of an actuary, C.P.A., or other financial analyst.
A seasoned Uncontested divorce attorney will have a plethora of resources for divorcing couples who need help figuring out how much their stuff is worth and how they should split up their money in order to make sure both parties are treated fairly during this process. You deserve peace-of-mind when it comes time for dividing up your belongings!
How a Massachusetts Judge is Likely to Divide Property
In order for the judge to decide on how property and debts should be divided, they will take into account each spouse’s age, health, station in life, occupation or vocational skills, income sources and needs. The judge will also look at opportunity for future acquisition of capital assets and income as well as liabilities. It is important that both spouses understand what factors the court may consider when dividing property during a divorce proceeding so that they can make an informed decision about their own situation. This article provides information about some of these factors so that you can better prepare yourself if your marriage ends in divorce.
Is Child Support Mandatory with a Prenuptial Agreement?
Prenuptial agreements are a great way to protect yourself and your assets in the event of divorce. However, they can’t be used to contract away a child’s right to support or decide a child’s best interests. Child support belongs to the child, not the parents. Prenuptial agreements are not enforceable in Massachusetts unless they’re fair and reasonable to each party at the time of execution. In Massachusetts, all property acquired during marriage is considered marital property. This includes assets and debts that either spouse acquires before the marriage or after separation. However, only the judge can decide how to divide this marital property in any manner they see fit–even if it’s not 50/50.
Your Best Situation: An Uncontested Divorce
The easy kind of divorce is called a Joint Petition, also called an Uncontested Divorce. To file a Joint Petition, you and your spouse must have an agreement on all of the issues that a judge would need to decide in a contested divorce. You are, essentially, writing the Judgment of Divorce for the Judge and asking the Judge to grant you a divorce because your marital partnership has broken down.
If you are considering filing for an uncontested divorce, it is important to know that there are two types of uncontested divorces. The first type is called a Joint Petition and the second type is called an Uncontested Divorce. A Joint Petition can be filed by both parties if they agree on all issues in the case; whereas, an Uncontested Divorce can only be filed by one party. In order to file a Joint Petition, you must have reached agreement with your spouse on all of the issues that would need to be decided in a contested divorce including property division, child custody and support as well as spousal support or alimony. You will also need to provide evidence that your marriage has broken down irretrievably which may include statements from counselors or therapists who have been working with you and your spouse over the last six months. If either party disagrees about any issue in this petition then it cannot proceed as a joint petition but rather needs to go through contested proceedings before being finalized by court order. For more information, contact an affordable divorce attorney.
Getting a Divorce Decree
You may be wondering how you can get a copy of your divorce decree after it’s final. The answer is that you will need to request one from the court that granted your divorce. We know this might not sound like an exciting topic, but we want to make sure you have all the information necessary for obtaining your certified copy of the decree. If you are interested in getting more information about fees and forms, please visit Get a Copy of Your Divorce Record for detailed instructions on what steps to take next at the mass.gov divorce site.