In Massachusetts, how is Marital Property Divided?

 First, you have to determine that it is marital property.  Massachusetts is an equitable distribution state where the Mass. General Laws have Section 34 factors that the Courts look at; which include the parties and variety of other circumstances that can be looked at to determine whether it should be 50/50; whether it should be something that is disproportionate like 60/40; or if it is something that is not even a marital asset.  Sometimes there are questions, particularly based on the length of the marriage, if it was owned before the marriage or acquired by gift or inheritance during the marriage and whether it is segregated or not.  There are a lot of different factors that are looked at.

Can my Spouse prevent me from seeing my Children?

In Massachusetts you do see this a lot when one of the parties is trying to control access to the children. The Court determines what is in the child’s best interest.  The presumption is that having ongoing and frequent contact with both parents is best for the children.  There can be some limits posed if a Judge finds that a parent poses a threat to child’s well-being. They can have different constraints which can include supervised by a third party; or supervised out in the community by a paid supervisor; or at a parenting supervised visitation center. These are not typical, and the Court has to make some significant reasoning to have something other than frequent and ongoing contact with both parents.

What Does Paternity mean in Massachusetts?

Paternity means fatherhood.  In establishing paternity, it is determining who the legal father of the child is. When the parents are married there is some presumption and things that are looked at that can be overcome in certain circumstances as well.

If the parents are not married the paternity is not as automatic and either party may file full paternity and they can also be an Acknowledgement of Paternity. It is important to know what your legal rights are.