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Completing Your Financial Statement in Probate & Family Court

The financial statement is the cornerstone of every divorce or paternity action. Judges use the information to calculate support payments and divide the marital estate. A divorce is often compared to the dissolution of a corporation or a business partnership, because both involve a careful and detailed division of the economic assets that have been acquired. The law sees both partners as a single economic entity during a marriage, and must then distribute the property of the marriage between the spouses in such a way that one is not unjustly enriched at the expense of the other. The court must also determine how much, if any, one party should support the other, and their children, during and after the matter is completed. It is critical that attention to detail be given its due, otherwise one, or even both, of the parties will be economically harmed.

5 Considerations During a Divorce

Any issue relating to family matters-divorce, separation, custody, support, alimony, property division-are highly emotional and difficult for even the most sensible individuals to navigate. However, in most cases, not only do people have to deal with their own emotions, but have to interact with a current or former spouse who is as equally emotional, all the while trying to determine the best interest of themselves and their children. Most people end up confused and exhausted, while trying to act reasonably and heed their lawyer's advice. From a lawyer's perspective, below are 5 considerations to help make the process smoother, reduce court time, and reduce lawyer's fees as much as possible.

10 Divorce Myths Uncovered

  1. It is OK to deny visitation if the other parent does not pay child support.

    Parents often feel that child support and visitation are related and that the paying parent should have time with the children only if he/she is current on their support or that paying support entitles the payor to time with the children. The two issues are absolutely unrelated. Custody, or parenting time, is the time each parent spends with the children to build a relationship, teach, love and nurture the children. Parents do not visit with their children nor are they required to pay for this "visitation" time. Conversely, the payment of child support is essential to the care of the children to ensure they are provided with the food, shelter, clothing and other essential needs. The courts take these orders for child support seriously and consequences for non payment can be severe, but just as severe is the consequences for interfering with a parent's relationship with his/her children.

  • CA State Bar Association
  • MA Bar Association
  • Essex County Bar Association
  • Salem Bar Association
  • Women's Bar Association
  • Avvo

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