One of the most contentious issues arising in divorce proceedings will often be the division of the parties' assets. In Massachusetts, the courts follow an equitable system of division, meaning they seek to divide property "fairly," not necessarily "equally." There...
Marital Estate
Are trust interests part of the marital estate?
The inclusion - or non-inclusion - of beneficial trust interests in the marital estate for purposes of an asset division incident to a divorce is quite often a hotly contested issue. How does one account for a trust interest in a divorce? Did the trustee make any...
It’s Not Over Till It’s Over: Assets Earned After Service Of Divorce Complaint Are Included In The “Marital Estate”
From a legal perspective, getting hitched in Massachusetts is fairly quick and simple, requiring little more than a valid marriage license and a proper officiant. It is not even necessary to be wed by a clergy member or Justice of the Peace, as anyone over the age of...
Motion for Counsel Fees Pendente Lite
All clients involved in litigation need money to pay their counsel's legal bills, which include the initial retainer fee, fees incurred during the pendency of the litigation, and often replenishing the retainer fee. A client obtaining a divorce, however, has a unique...
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