The Lewis Leeper Blog

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    Contents of a Postnuptial Agreement

    A postnuptial agreement should define all of the marital assets and debts, income of both parties and future gifts and inheritances expected. A plan of how all debts will be paid should be outlined in the event of a divorce. Alimony should be defined in the postnuptial agreement. In some cases, these payments may be waived in favor of a property settlement and a divorce lawyer can provide advice regarding the legality of such waivers. The postnuptial agreement should also address property distribution in the event of death or divorce. This should include an agreement about who retains the marital […]

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    Is his debt my debt when we divorce?

    Additional Information: If I get divorced, will I still have to pay for his debt? Even though it was all his debt? Will I be able to keep the house?  Married 8 years, no children, he worked off and on and has debt in many credit cards. I transferred balance from 3 of his credit cards to my credit card for a lower interest rate. He told me he was going to pay them but he hasn’t. We have a condo in Ashland. I put $15,000 cash down, his contribution was on credit, now he says that his debt is […]

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    Equitable Distribution Laws

    Equitable distribution laws are much more common than community property laws. Divorce courts divide property by what the court considers to be fair and reasonable. In some states, it may be possible for you and your spouse to negotiate property division and get court approval. Equitable distribution takes into account various factors impacting the fairness of the division. The property distribution factors that are considered and given the most thought vary from state to state. The factors may even vary among courtrooms within a state.

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    Want to get divorced but my husband will not sign the papers.

    Additional Information: I am filing for divorce from my husband. How long will it take to get the divorce if he is refusing to sign the papers? My husband left me December 2011. We have no assets together, we rent a house in Framingham. We’ve been married for 19 years with two children ages 17 and 15. ATTORNEY ANSWER: I am sorry that you are going through this, the fact that he is refusing to cooperate will slow down the process, but he cannot permanently stop it. The more you can get him to cooperate the faster it will be. […]

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    Community Property Laws

    Community property states follow the principle that marital property should be divided equally in a divorce. Issues like financial need, ability to earn an income or fault for the divorce aren’t taken into account when dividing marital property. Not all property is considered marital property. The definition of marital property may vary from state to state, but typically, marital property includes any property acquired by either spouse during the marriage. Property acquired by either spouse before the marriage is usually not labeled marital property, and some property acquired during the marriage may also be excluded.

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    How do I go about getting my ex-husband off the deed to the house?

    Additional Information: In the divorce agreement, he gave me our house in Dover, in return I didn’t touch his pension now I’m trying to get a home equity loan cannot do it while his name is on the deed so am trying to find out how to get his name off the deed. ATTORNEY ANSWER: This process is very common and it is very simple, he needs to sign a quitclaim deed which is a copy of your old deed which states he is giving you the property and taking his name off of it. Most of the time it […]

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    When Can I Get Remarried?

    Fortunately, most states do not currently  require a person or persons to have a  “remarriage” waiting period after a divorce, but some states will allow a judge to create one in certain cases. Should you remarry during this time period, then the new marriage would generally be considered voidable, meaning that either party to the new marriage could ask to have said marriage declared invalid. Some states may require remarriage waiting periods during which both parties may appeal the divorce decree.

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    The Divorce Petition in Massachusetts

    A local divorce attorney can prepare the divorce petition a motion for temporary orders. When the divorce petition is filed with the court, you are officially beginning the divorce process. The divorce petition must be prepared according to specific statutory requirements and must contain specific allegations about the marriage of the parties, residence of each party, children of the marriage and more. The divorce petition must be served on your spouse. Service of process requirements in divorce cases differ from state to state. Some jurisdictions may require service via the Sheriff’s department or a private process server, while others may […]

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    I am a single mom and would like to move to Boston.

    Additional Information: I would like to move to Boston where my new husband will be. I have a 1 and a half year old whose father rarely sees her and there is no child support order. I told him I wouldn’t take him for support because he is already paying $1000 month for another child. (He and I were never married.) What do I need to do as far as custody rights so that we can move to Boston? ATTORNEY ANSWER: I am sorry that you are going through this and I hope that your new relationship works out. Right […]

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    Taxes After Divorce: Filing Jointly or Individually

    How you can file your taxes at the end of the year is based on several variables: If you were legally married on the last day of the calendar year, you can file jointly with the other person. Many people choose this option, since it typically leads to the lowest tax burden. However, be aware that filing jointly means you are both fully liable for the contents of the tax filing. If you are less financially savvy than the other party, you may wish to hire an independent accountant to review the filing and its supporting documents. There is also […]

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