Can you empty a joint bank account without the other person in massachusetts?

Man withdrawing money from an ATM before divorce in Massachusetts

In Massachusetts, either joint account holder can legally withdraw funds from a joint bank account. However, during a divorce or separation, courts may consider this action when dividing assets. It’s advisable to act in good faith and not unilaterally deplete shared funds, as this could negatively affect the outcome of the divorce settlement. The Challenge […]

Can You Get a Divorce Without Going to Court in Massachusetts?

Man outside of Massachusetts divorce court

In Massachusetts, you must go to court to get a divorce. It is possible to get a divorce by going to court only once, provided you and your spouse can agree on the terms of the divorce settlement. If you are getting an uncontested divorce, there is only one court appearance that is required, but […]

Can I empty my 401k before divorce in Massachusetts? 

401k investment portfolio

Withdrawing from your 401(k) before a divorce in Massachusetts can have legal and financial repercussions. Contributions made during the marriage are considered marital property and subject to equitable division. Premature withdrawals may incur taxes and penalties and can be contested in divorce proceedings​. Navigating Your Future: Understanding 401k Withdrawal Before Divorce As you stand on […]

What is a Non Support Divorce in Massachusetts?

Mother and child at shelter due to non-support

In Massachusetts, a “non support divorce” may refer to a fault-based divorce where one spouse can claim “non-support” as the ground for divorce. This means one spouse claims that the other has failed to provide financial support during the marriage​​. Understanding Non-Support Divorce in Massachusetts In the spectrum of divorce, non-support is a specific fault-based […]

Is It Better to be the One Who Filed for Divorce in Massachusetts?

Man filling out Massachusetts divorce papers

In Massachusetts, filing first for divorce can offer strategic advantages, such as setting the timeline and preventing financial changes by the other party. It allows for early document collection and may provide a tactical edge in presenting your case first. However, filing first involves costs and may not significantly affect the final outcome. Who Should […]

Is 50 Too Old to Get Divorced in Massachusetts?

Older couple talking about divorce in Massachusetts

Age is not a barrier to divorce. Individuals at any age can seek a divorce if they are unhappy in their marriage. At 50, many people experience significant life changes and reevaluate their relationships. While there may be financial, emotional, and logistical considerations, the decision to divorce is personal and can lead to a happier, […]

How Long Does a Divorce Take Massachusetts?

Man looking at calendar seeing how long his Massachusetts divorce will take.

In Massachusetts, the duration of a divorce process varies depending on whether it’s contested or uncontested. An uncontested divorce (1A) can take about 3-6 months for the court proceedings plus a 120-day waiting period after the hearing for the divorce to become final. In contrast, a contested divorce (1B) might take around 12-18 months, with […]

Am I responsible for my spouse’s debt in Massachusetts?

Man looking at wife's debt in a Massachusetts divorce

In Massachusetts, you may be responsible for marital debt incurred during the marriage. However, the court will consider factors like who incurred the debt and for what purpose. If the debt was for the benefit of the household, both spouses might be responsible. For personal debt of one spouse, that spouse may be solely responsible. […]

Affordable Divorce Lawyer in Massachusetts

Shaking hands with lawyer

An Affordable Divorce Lawyer in Massachusetts Going through a divorce can be one of the most challenging and stressful times in your life. You have to make major decisions at a very difficult time; decisions that will have a lasting effect. Add to that the cost of hiring an attorney and it can seem overwhelming.  […]

Child Support and Visitation in Massachusetts

Mother refusing to let father visit with child because he didn't pay child support.

Understanding Child Support and Visitation Rights Under Massachusetts divorce law, child support and visitation are two critical aspects linked to the well-being of a child in cases where parents live separately. The non-custodial parent, the one who doesn’t have primary physical custody, is typically responsible for paying child support. However, it’s essential to note that […]