Quote of the Day

“There is no such thing as a “broken family.” Family is family, and is not determined by marriage certificates, divorce papers, and adoption documents. Families are made in the heart. The only time family becomes null is when those ties in the heart are cut. If you cut those ties, those people are not your family. If you make those ties, those people are your family. And if you hate those ties, those people will still be your family because whatever you hate will always be with you.” – C. Joybell. C.

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Pets after Divorce

Even though pets are considered to be part of the family, they are considered to be property in the eyes of the law. Courts do not award joint custody of pets like they would for a child. Whoever bought the pet would be granted custody. This can be extremely difficult to cope with.

Sometimes it’s best to let your ex-spouse have possession of the dog because the animal will always remind you of him/her. Getting a new pet can be a great way to start a new life and help with some of the loneliness. There is absolutely nothing wrong with not living with someone (many people actually prefer it)! However, having a dog or cat eager to greet you when you’re out of work will ensure that you’re never truly alone.

I prefer to adopt dogs and cats from the shelter. However, that is not for everyone. If your buying a pet from a pet store there are some warranties mandated by the state of Massachusetts. All pet stores must be licensed and have that license displayed in view of the public. Veterinarians must examine all pets 7 days prior to purchase, and stores should not sell any pets they know to be ill. However, it is still going to happen. In Massachusetts, there is a warranty which requires the buyer to have his/her pet examined by a veterinarian no later than 14 days after purchase and allows the buyer to return the pet for a refund or a new pet as long as they have a notice from the veterinarian and do so within two days of the examination.

http://www.mass.gov/eea/agencies/agr/animal-health/pet-shop-licensing-inspection/buying-a-dog-in-massachusetts-generic.html

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How to break the news

When you have children and are thinking about divorcing one of the first things you worry about is how this is going to effect the kids. Staying in a bad marriage “for the sake of the children” is definitely not the answer and can actually cause more harm than good. However, it is very important how and when you break the news of the divorce to them. It is likely a moment they will remember for the rest of their lives.

  • Put a lot of thought into the time in place. You don’t want to bring it up during an argument or when your kid(s) are already having a rough day.
  • Tell the whole family at the same time. If you tell an older child first the word will likely get around before you get the chance to break the news to everybody and you do not want your youngest finding out from their siblings.
  • Write out what you are going to say first.
  • Be honest about the situation (within reason). Make sure your kids know that you were in a happy marriage, but people change and are sometimes happier when they are not together. It doesn’t mean you love them any less and you will always still be a family.
  • Make sure they know this is not their fault.
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Divorce Quote

“Divorce is one of the most financially traumatic things you can go through. Money spent on getting mad or getting even is money wasted.” – Richard Wagner

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Quote of the Day

“The best way to not feel hopeless is to get up and do something. Don’t wait for good things to happen to you. If you go out and make some good things happen, you will fill the world with hope, you will fill yourself with hope.” -Barrack Obama

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SOCIAL SECURITY BENEFITS FOR DIVORCED SPOUSES

If you are divorced, you may qualify for Social Security benefits based on your ex-spouse’s work record. To be eligible for benefits, your ex-spouse must have reached the age at which he or she is eligible to begin receiving benefits (though he or she does not necessarily need to be receiving them). To qualify, you need to:

have been married to your ex-spouse for at least 10 years;

have been divorced two years or longer;

be at least 62 years old;

be unmarried; and

not be entitled to a higher Social Security benefit based on your own work history.
If your former spouse is deceased, you may still receive benefits as a surviving divorced spouse (irrespective of the age he or she died), assuming that your ex-spouse was entitled to Social Security benefits, your marriage was at least 10 years, you are at least 60 years old and you are not entitled to a higher benefit amount based on your own work history. If you remarry before the age of 60, you will lose the ability to receive a survivor benefit from your deceased ex-spouse.

The maximum amount that you are eligible to receive is 50% of what your former spouse is due at full retirement age. To receive the maximum benefit, you will need to wait until you have reached your own full retirement age.⁹

Your benefits are unaffected should your former spouse elect to take Social Security before reaching full retirement age or if your ex-spouse starts a new family.

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Divorce Facts

January is often known of as “divorce month.” This is often due to a desire for families to stay together during the winter holidays, especially when kids are involved. However, trends are starting to show that although consultations and internet hits relating to divorce and child custody spike right after Christmas, March is actually the new “divorce month.” Valentine’s day and tax season are most likely the culprits behind this change in trend because of the stress both the holidays and tax season can put on a marriage.

 

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Filing for divorce when your spouse can’t be found

What do you do when you want to file for divorce, but you don’t know where your spouse is? Massachusetts is a little different from other states. If you don’t know where your spouse is your lawyer is going to file a Motion for Alternate Service.  This motion contains information like where you were married and the address where your spouse last resided. Some states require a search to locate the missing spouse. This can be a very stressful and prolonged period of time. Luckily, Massachusetts does not require an exhaustive search. After the motion is filed your lawyer will obtain a divorce summons and a legal notice from the clerk of courts. This notice must be sent to a newspaper (chosen by the court) and published once a week for three weeks. A copy is also mailed, by certified mail, to the last known residence of your spouse.

Have questions? Learn more at http://www.3stepdivorce.com/missingspouse/massachusetts.shtml or http://www.mass.gov/courts/selfhelp/family/divorce.html or call the office today!

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Alimony Reform Act

 Since the inception of the Alimony Reform Act, there have been several cases that have been appealed. Some of these appellate decisions have provided us with additional clarity and an understanding. A recent Supreme Court decision, Snow v. Snow Docket No.: SJC-12102 in determining the intent of the legislature as to when the legislature intended the durational limit of general term alimony to commence, ” they looked first to the language of the relevant statute, which is ” the clearest window into the collective mind of the legislature”. Holmes v. Holmes, 467 Mass. at 659. Under M.G.L. c. 208 sec. 49 (b), “general term alimony cannot continue for not longer than a fixed percentage of the number of months of the marriage: And it can not continue unless it has been awarded. Thus, until a judge has awarded general term alimony, the durational term alimony does not begin to run. In this case, alimony was not addressed at trial. The trial judge in Snow relied upon the mistaken premise that the wife’s action was a complaint for modification rather than an initial complaint for alimony, the actual time that the clock begins to run.

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Quote of the Day

“The nature and structure of belief systems is important from the perspective of an informational theorist because beliefs are thought to provide the cognitive foundation of an attitude. In order to change an attitude, then, it is presumably necessary to modify the information on which that attitude rests. It is generally necessary, therefore, to change a person’s beliefs, eliminate old beliefs or introduce new beliefs.” -Richard Petty and John Cacioppo

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