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Massachusetts Divorce Lawyer

Legal Help Protecting Your Financial Security in Marital Property Division

    Divorce is stressful for many reasons but one of the biggest reasons is fear of the unknown.
  • "Can I keep the house? Can I afford it?"
  • "Can the children and I live on my income alone?"
  • "Who is going to be responsible for the credit card debt?"
  • "How will the division of marital property affect my family's business?"

  The next biggest stressor is, oddly enough, the things people "think" they know that they really don't know. For example, I regularly hear from new clients that they are worried they won't be able to get any of the marital assets or alimony because they left the family home. They think the divorce court judge will decide they abandoned it. This is simply not true. There are many reasons one might leave a home, including a very real issue, domestic violence.

Get the Facts about Massachusetts Marital Property Law

I'm attorney Wilfred C. Driscoll, Jr., a Fall River, Massachusetts divorce lawyer with more than three decades of experience in family court. In fact, over the years, I've handled many different areas of law, which makes me ideally suited to provide you with sound legal advice when it comes to the division of marital assets and debt.

  • I have worked in real estate law. In this challenging housing market, where homes in only two or three counties in southeastern Massachusetts are holding their value, it's critical to understand all your options in the fair division of this asset (or debt).
  • I have worked in personal injury and estate planning law, so I understand how inheritances and settlements are handled when considering the total value of a marital estate. I also assist clients with revisions to their estate planning documents after divorce, including naming new beneficiaries and medical decision-makers.
  • I help clients with personal bankruptcy filings. Financial distress is one of the most significant factors leading to divorce and divorce can put you in an even more vulnerable financial position. It's important that you protect the marital assets that remain. Talk to me about whether you should file for bankruptcy before or after you file for divorce.

What to Expect in the Division of Marital Assets in Massachusetts

The first step in the division of a marital estate is understanding which assets are marital assets (versus separate or personal assets). Then the fair value of those assets must be determined. This task can be relatively easy if you have few assets, or it can be quite difficult if spouses have been hiding money or the assets are complex.

Massachusetts divorce law starts with the presumption that all marital assets will be split 50/50, but it does not end there. The family court judge must then consider 16mandatory points, and may consider four other issues, before arriving at a final decision. If your case goes to court (rather than being negotiated or mediated), it is my job to explain to the judge why these 20 points work in your favor.

Should You Mediate the Division of Marital Assets?

Mediation can be used effectively to arrive at an agreement regarding the division of marital property. In addition to saving time and money, the results of divorce mediation are private (unlike the result of a court case). This can be an important benefit for couples who do not want their assets and debts available for public scrutiny. I am a certified divorce mediator who can help you resolve your differences cost-effectively.

Contact MA Marital Property Division Lawyer Wilfred C. Driscoll, Jr.

Call (508) 672-8718 or email the Law Offices of Wilfred C. Driscoll, Jr. to learn more. I offer payment plans and flat-fee pricing for some legal matters.

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