divorceattorney Archives - Briones Law Group - Marlborough Divorce Lawyers and Personal Injury

Is Massachusetts a 50/50 state when it comes to the division of assets in a divorce?

The Commonwealth of Massachusetts is not a 50/50 state. When a court is needed to rule on the allocation of assets, they are not necessarily divided equally between the two parties. While some states mandate a 50/50 split, Massachusetts is an equitable division state. Commonwealth laws dictate that the courts can decide on a fair division of assets regardless of who actually owned it. A court could declare that the division is 60/40, or 70/30,

I was married and last lived in Massachusetts with my spouse but do not live in Massachusetts now, can I get divorced in Massachusetts?

While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on how long you’ve resided outside of Massachusetts. While most states require you to be a resident before you may file divorce papers, the required length of residency varies per state. In most cases, it’s at least a minimum of six

Is mediation better than hiring a lawyer for your divorce?

As an attorney, you may think my answer to this question is a little biased. What most people don’t know is that essentially a joint divorce agreement which is what a mediator helps a couple draft, can just as easily be done by an attorney for about the same cost. There is one advantage to using an attorney however. An attorney will also take care of all of the court filing and the necessary paperwork

Domestic Violence and Your Divorce

Last year, I began working with a fantastic organization that works with survivors of domestic abuse and I have learned so much about domestic violence, domestic abuse and its impact on people especially those going through a divorce. I’d like to share with you a few of the things that I have learned along the way. I have learned that at least one in every three relationships has elements of abuse. I have learned that

What is a no fault divorce?

In a no-fault divorce, the parties state in their filings that the marriage has broken down irretrievably or that the couple has irreconcilable differences. In other words, if one person wants a divorce, the couple will be divorced. In a fault divorce, the Plaintiff must prove that the Defendant has committed a wrong (cruel and abusive treatment is an at fault grounds for divorce in MA) that allows the Plaintiff to get a divorce. People

Recent Supreme Judicial Court Decision Regarding Parental Rights for Non Biological Parents

On October 4, 2016 the Massachusetts Supreme Judicial Court ruled that a person may establish themselves as a child’s presumptive parent without being biologically related to the child. In Partanen v. Gallagher, a same sex couple underwent assisted reproduction and one partner argued that the other was not a parent to the resulting children due to the lack of biological connection. The Court found that it is possible for an individual who is not biologically

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