Peabody Family Law Blog

How parents can deal with divorce

On behalf of Reade Law Firm, PC posted in divorce on Thursday, May 16, 2019.

Divorce can be quite challenging when the married couple has young children. However, it's generally better to divorce than to stay together for the kids in cases where the marriage causes conflict. It's not the divorce per se that hurts the kids; it's the conflict. For parents considering divorce in Massachusetts, there are some things to keep in mind. Divorce is a difficult transition for everyone, but dealing with big changes can have a positive effect on a child by making him or her more resilient.

Parents should maintain consistency where they can. For example, it may be wise to keep the children in the same schools. Allowing the kids as much choice as possible can also be helpful. Children tend to blame themselves for marital separations. Therefore, it's very important to let the kids know it is not their fault.

Protecting a credit score during divorce

On behalf of Reade Law Firm, PC posted in divorce on Monday, April 29, 2019.

Some Massachusetts estranged couples may find that after a divorce, their credit rating suffers. This is not because of the process itself but may happen as a result of joint accounts. In some cases, it could also be because it is not uncommon for people to struggle financially after their marriage ends.

One problem is that regardless of what the divorce decree says, creditors will pursue people if a debt is in their name. This means that even if a couple agrees to split a debt that is in both names, if one does not pay, this could hurt the credit of both people. In order to protect themselves, people should remove spouses as authorized users on accounts and work together to close joint accounts. This could mean selling some jointly owned assets and using the proceeds to pay off the debts associated with them. Couples might agree to refinance a mortgage if one is going to keep the home. People should also monitor their credit reports.

Do courts divide student loan debt in divorce?

On behalf of Reade Law Firm, PC on Thursday, April 18, 2019.

There are many assets to divide in a divorce. From child custody to alimony, most spouses know how to prepare accordingly. However, many couples overlook one important asset when heading into divorce: Debt.

These days, many people have student loan debt. It is the most pervasive form of debt for millennials, and in a divorce, one spouse could have to help pay off the other spouse's debt. One important court case for dividing student loan debt was in 2018. In the case, a judge ordered the husband to send the wife money every month to help pay off her student loans. There are important considerations to make with this case, such as the fact that the husband had paid off his student loans while the wife still struggled. Every divorce is different, but it is vital to prepare for the scenario where one spouse still has to help the other with debt.

Divorce practicalities after the decree is final

On behalf of Reade Law Firm, PC posted in divorce on Tuesday, April 16, 2019.

In many cases, finalizing a divorce in Massachusetts is just the first step to completing the property division process. While spouses and their attorneys may have negotiated long and hard to reach a settlement, the final divorce decree does not complete the task of actually dividing the marital assets. Instead, both spouses will need to take action.

In many cases, a freeze is in effect over marital assets while the divorce is pending to prevent one spouse from confiscating joint assets. After that freeze is lifted, it is time to actually divide those assets. Joint bank accounts will need to be closed and the account divided as agreed upon into each spouse's individual account. For property with a title, it will need to be retitled as agreed in the name of the spouse who will keep the property. This includes motor vehicles like cars and boats as well as major assets like the marital home. If one spouse will keep the home, the other spouse will need to disclaim interest through a quit claim deed. In most cases, the remaining spouse will also need to refinance the mortgage as the sole owner.

Tips for parents who are no longer together

On behalf of Reade Law Firm, PC posted in child custody on Monday, April 1, 2019.

Parents who are going through the divorce process in Massachusetts may be worried about what their lives will look like after the separation. However, divorce can also have an impact on any children that a couple may have. Therefore, it's important that parents are able to work together to ensure that their kids are able to adjust to their new reality. One way to do that is to be consistent.

Regardless of where a child is staying, he or she should be subject to the same rules and the same consequences for breaking those rules. Parents should also strive to be honest with their kids about why the divorce took place. Of course, the information given should be age appropriate and not used to cast blame on the other parent for causing the marriage to end. Parents themselves should also be able to communicate with each other.

Uncovering cryptocurrency during a divorce

On behalf of Reade Law Firm, PC posted in divorce on Wednesday, March 20, 2019.

Most divorces in Massachusetts include some negotiating, if not downright battling, over how money and other assets will be divided after the divorce. Cryptocurrency is changing the way that these negotiations take place. Part of this change is due to the nature of cryptocurrency.

These currencies are encrypted and move around in a largely unregulated market. This makes finding a divorcing individual's cryptocurrency investments, as well as determining the value of these investments, difficult. As a result, divorces involving large amounts of cryptocurrency assets have become more complicated and take longer.

Fracture patterns may help doctors spot signs of domestic abuse

On behalf of Reade Law Firm, PC posted in domestic violence on Tuesday, March 5, 2019.

Doctors in Massachusetts are sometimes able to spot unusual broken bone patterns and identify possible instances of child abuse. A new study suggests the same concept may be applied to help ID signs of domestic violence in adult patients. This information is important because there are sometimes situations where abuse victims visit a doctor for treatment with a credible story to explain an injury that doesn't immediately raise red flags.

While injuries to the head and face are often strong indicators of domestic violence, researchers found that arms and legs could also present credible evidence of spouse-related abuse. Injuries of this nature are more common in abuse victims than facial or head injuries, but they also frequently affect other patients as well. This is why researchers dove a bit deeper to find out what specific types of fractures are more likely to be seen in domestic abuse sufferers.

4 of the most common myths about divorce

On behalf of Reade Law Firm, PC on Monday, February 25, 2019.

When a married couple decides to part ways, the process may seem mysterious and daunting. Divorce is something that many experience but few understand until they do.

There is a lot of misinformation about what happens before, during and after divorce proceedings. You may have some notion of what occurs, most often from friends or family accounts. Take a look at four of the most common divorce myths still circulating today.

Learning more about how divorce works

On behalf of Reade Law Firm, PC posted in divorce on Tuesday, February 19, 2019.

An unhappy marriage may lead many people in Massachusetts to think about ending the relationship. At the same time, they may be confused about what the divorce process involves. Some people delay a divorce for lengthy periods of time because of misconceptions about the laws and circumstances that are involved. By doing some research and preparation, people can understand more about the period to come and how they can emerge successfully from the divorce.

Many people are under the impression that divorce needs to be a high-conflict situation. In fact, many people are able to resolve many outstanding issues through mediated settlements or negotiations and go to family court to have their final decisions approved. This can be a particularly well-advised option for parents with children, especially if there are no issues of abuse, neglect or other serious misconduct.

A lack of commitment is a factor in many divorces

On behalf of Reade Law Firm, PC posted in divorce on Friday, February 8, 2019.

The simplicity of the legal process of marriage belies the complexities that can be involved in marital dissolution. A Massachusetts couple need only be 18 years old and receive a license before they may permissibly tie the knot. Contrast this with ending a relationship with divorce where the issues of property division and child custody could become contested and fought over, and it seems clear that marriage should be entered into only with forethought and an eye to the future. The reason why many marriages fail, therefore, seems somewhat surprising.

While some people approach marriage with a more romanticized vision of life together than others, most would agree they have found a lifelong partner to share their life with. Of course, as family relationship experts point out, a marriage could be placed in serious jeopardy by an unexpected turn of events that destroys trust and completely changes the dynamic. Infidelity, substance abuse or domestic violence are some examples of issues that may be too devastating to work through.