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Wellesley Family Law Blog

Massachusetts gay marriages: You may not be entitled to a divorce

When same-sex couples get married in Massachusetts, they are extended the same rights as those who are not in same-sex relationships. While this works for those who stay in Massachusetts, it does pose the question of what happens to people who were legally married in Massachusetts, move and then want a divorce.

While a divorce is legal in Massachusetts, it isn't necessarily going to be in another state. This is the issue that has come up in St. Louis, Missouri. A Feb. 11 report discusses how a same-sex couple requested a divorce in St. Louis. The men were married in Iowa, where same-sex marriage is legal, so they likely didn't see the problem with requesting a divorce.

How does Massachusetts implement administrative enforcement?

In Massachusetts, those who don't pay their child support can be forced to do so through administrative enforcement. The Child Support Enforcement Division is responsible for collecting and enforcing child support and does so through a fully automated program. That means that anyone who is overdue in paying child support may be subject to the administrative collection actions.

The first thing the state does is to send a notice to the parents who haven't paid their support on time. If they are past due on a payment, the notice is sent to remind them of the amount due and includes information on interest and penalties that the parent may face. The parent is also notified about ways the department can collect the funds.

Patrick Dempsey's divorce: Wife requests child custody, alimony

A divorce is something no one in Massachusetts wants to have to go through, but sometimes marriages simply don't work out. When children are involved, child custody can be a contentious topic to speak on, and it can leave ex-husbands and wives fighting over their rights. In those cases, legal support can help you understand your rights and help you make the best decisions for your children and family.

If you follow celebrity news, then you know that even celebrities have to go through divorces sometimes. That's what's happening right now to Patrick Dempsey and his wife Jillian Fink. Best known for playing a doctor on the hit Grey's Anatomy, Dempsey is a well-known actor. He and his wife had been married for 15 years.

The difference between at- and no-fault divorces in Massachusetts

The State of Massachusetts has a specific set of terms that describes what a divorce is and is not. Overall, a divorce is actually a process for legally ending a marriage. Unlike some states, Massachusetts-based divorces can be cited as "fault" or "no-fault." There are a few key differences that you need to understand.

With an at-fault divorce, there are seven distinct grounds on which people can choose to divorce. These include adultery, desertion, cruel and abusive treatment, non-support, a prison sentence of five or more years, gross and confirmed habits of intoxication, or impotency. Any of these faults must be able to be proven by the person requesting the divorce. At-fault divorces tend to cost more and be more time-consuming than those that are no-fault divorces.

Get the compensation you need for support after a divorce

After going through a separation or divorce, you may think all the battles are over. Your child support arrangements are made, and custody has been determined. What happens when those determinations aren't upheld, and you end up losing out on child support or time with your child?

Family law arrangements are created in a legal setting, which means they must be followed by the parties involved in the case. If your ex is not following support arrangements or parenting plans that you have both agreed to, then it's time that you make sure he's held accountable.

Why child support guidelines are used in Massachusetts

Child support guidelines may make you feel uncomfortable during a divorce or child custody case, but they are there for good reason. While you may think some guidelines are too lenient or not lenient enough, these guidelines are there to protect your child from excessive stress and anxiety along with making sure the primary custodian has the money needed to support the child in question.

The main priority of these guidelines is to minimize the economic impact of a divorce or separation on the child's standard of living. Essentially, with the benefit of the funds, the mother or father, guardian or other party should be able to afford to care for the child to a similar standard as previously. Next, child support guidelines aim to promote joint parental responsibility when possible, at least when it comes to income.

When is the most popular time to divorce in Massachusetts?

If you're wondering which time of year ends up being the one with the most divorces, you probably aren't alone. It would seem that winter is when most people decide to cut themselves loose. Why is that? It could be the cold in some areas resulting in more stress and fewer chances to get outdoors or away from home, or maybe the couples are being forced to stay in close quarters more often visiting family, causing additional stress. Whatever the reason, it's been found that January is the month to watch out for.

One reason may be because those who were planning for divorce earlier in the year use January as a kick-off point for a new year. For instance, if you've ever caught yourself saying you'd start the new year off right, then you probably understand the concept. Divorcing at the first of the year means a fresh start for the next year, something New Year's Eve and New Year's Day have come to represent.

Slash heads for a divorce from wife of 13 years

If you're a fan of rock, then you may have heard the news that rocker Slash has decided to separate and divorce from his wife of 13 years. He filed the paperwork in Los Angeles, according to the report from December 30, citing irreconcilable differences with his wife.

The two have allegedly been separated since June 15, court papers showed. The two have two children, a 12-year-old and 10-year-old. The two boys recently went to Hawaii with their 39-year-old mother, the report claims, supporting the fact that Slash, known as Saul Hudson in the court papers, has requested joint custody.

'Dukes of Hazzard' star faces divorce after 21 years of marriage

As someone going through a divorce in Massachusetts, the last thing you want to do is have to worry about your divorce haunting you due to child support, spousal support or other factors that weigh you down in the future. As your divorce progresses, defending your rights is important. Of course, you know that, and so does the man in this case.

If you follow entertainment news, then you may have heard about one of the most recent celebrity divorces involving John Schneider. Snider is best known for his role in "The Dukes of Hazzard," but he is also known for starring on Tyler Perry's, "The Have and Have Nots." Those who are fans of comics such as Superman may know Schneider as Clark Kent's father in "Smallville."

Your high-asset divorce: Protect your rights in Massachusetts

Divorces are difficult for families, and they can have several elements involved that make them drag on for a significant amount of time. This is particularly true if you're faced with a high-asset divorce. Marriages with many assets must break these down and split them in many cases, and that can take much time and deliberation. Because of the potential for mistakes and wanting to be sure that you're getting your fair share, it's important to discuss your high-asset divorce with someone who can make sure your assets are being split fairly.

Some common things you may need to address include property division of your home or homes, the validity of a prenuptial agreement and spousal or alimony payments. Depending on your specific earnings, unallocated support may also be something you need to consider.

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