Ma Divorce Law With Child
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FAQ
It Can Give You a Financial Advantage. When you file first, it also keeps your spouse from hiding assets. Massachusetts includes an automatic temporary restraining order (ATRO) when divorce papers are served.
Massachusetts is one of the remaining 41 states that have an ?equitable distribution? policy. Division of assets is based on what the court decides is ?fair and equitable?. This could result in a 50/50 split, but this is not a given, regardless of how long you have been married.
Under the law, only marital property may be divided. These are assets that were acquired by either spouse after the marriage, unless the asset was a gift of inheritance or expressly noted in a prenuptial agreement. Marital property includes wages earned, benefits and profit-sharing as well as debts that were created.
When it comes to child custody in Massachusetts, there is no exact standard used to determine the best interests of the child; however, family court judges will weigh several factors as guidelines. The health, safety, and well being of the child are always the primary considerations.
The first person to file will choose the grounds for divorce or whether to file a no fault divorce. One major advantage of filing first is the ability to stop your spouse from moving any financial assets or changing beneficiaries on life insurance policies or retirement accounts.