Posts Tagged ‘Divorce Alimony’
Divorce Questions In Virginia
Often our clients come to us with many questions about divorce in Virginia?
Some of the types of Virginia divorce questions we get are:
• Do I have to prove adultery to get a divorce in Virginia based on adultery?
• How do I make sure that I get the right amount of the marital assets from the divorce in Virginia?
• How do I calculate alimony in Virginia?
• Am I owed alimony?
• What is the difference between child support and spousal support?
• How do I get custody of my child in Virginia?
These are all valid Virginia divorce questions and our Virginia divorce lawyers do their very best to answer them.
If you have divorce questions in Virginia, contact the SRIS Law Group Virginia divorce attorneys for help.
MARYLAND DIVORCE ATTORNEYS
HANDLING BOTH CONTESTED DIVORCE AND UNCONTESTED DIVORCES
When a person is either going through a divorce or preparing to go through a divorce, the person tends to be very emotionally distraught. A big reason for that is a lack of knowledge about what to expect. Our Maryland divorce attorneys are here to help you with understanding Maryland divorce law and representation if needed. After you read this, if you wish to contact us for additional help regarding a Maryland divorce, please feel free to contact us by phone, email, or our fast on line form . The Maryland divorce attorneys of SRIS, P.C. have offices in Rockville and Baltimore. Our Maryland divorce lawyers are experienced at helping people who are going through a divorce in Maryland. We can help you regardless of whether your Maryland divorce is contested or uncontested. Complicated or simple. If you wish to consult a SRIS, P.C. Maryland divorce attorney, please simply contact us via e-mail or by filling out our on-line form. A Maryland divorce lawyer of SRIS, P.C. will gladly consult with you regarding your matter.
To obtain a general overview of divorce laws, please click here.
To learn more about the laws pertaining to divorce laws in Virginia or Massachusetts, please click on the state.
The following are some of the Maryland Divorce laws. Click on any of the issues you light be interested in learning more about:
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Termination of alimony
- Amount of award; duration
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Limited divorce
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Absolute divorce
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Determination of property ownership
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Determination of marital property
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Monetary award
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Determination of family home and family use personal property
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Possession and use of family home and family use personal property
- Deeds, agreements, and settlements valid
Maryland Code, Family Law, § 11-108- Termination of alimony (top)
Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result.
Maryland Code, Family Law, § 11-106. Amount of award; duration (top)
Court to make determination
(a)(1) The court shall determine the amount of and the period for an award of alimony.
(2) The court may award alimony for a period beginning from the filing of the pleading that requests alimony.
(3) At the conclusion of the period of the award of alimony, no further alimony shall accrue.
Factors considered
(b) In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(1) the ability of the party seeking alimony to be wholly or partly self-supporting;
(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3) the standard of living that the parties established during their marriage;
(4) the duration of the marriage;
(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6) the circumstances that contributed to the estrangement of the parties;
(7) the age of each party;
(8) the physical and mental condition of each party;
(9) the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
(10) any agreement between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets, including property that does not produce income;
(ii) any award made under §§ 8-205 and 8-208 of this article;
(iii) the nature and amount of the financial obligations of each party; and
(iv) the right of each party to receive retirement benefits; and
(12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
Award for indefinite period
(c) The court may award alimony for an indefinite period, if the court finds that:
(1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.
Maryland Code, Family Law, § 7-102. Limited divorce (top)
Grounds for limited divorce
(a) The court may decree a limited divorce on the following grounds:
(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) desertion; or
(4) voluntary separation, if:
(i) the parties are living separate and apart without cohabitation; and
(ii) there is no reasonable expectation of reconciliation.
Attempts at reconciliation
(b) As a condition precedent to granting a decree of limited divorce, the court may:
(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and
(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.
Time during which decree is effective
(c) The court may decree a divorce under this section for a limited time or for an indefinite time.
Revocation of decree
(d) The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties
Decree of limited divorce on prayer for absolute divorce
(e) If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.
Maryland Code, Family Law, § 7-103. Absolute divorce (top)
Grounds for absolute divorce
(a) The court may decree an absolute divorce on the following grounds:
(1) adultery;
(2) desertion, if:
(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;
(ii) the desertion is deliberate and final; and
(iii) there is no reasonable expectation of reconciliation;
(3) voluntary separation, if:
(i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and
(ii) there is no reasonable expectation of reconciliation;
(4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
(ii) served 12 months of the sentence;
(5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce;
(6) insanity if:
(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
(7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
(8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
Recrimination
(b) Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (8) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.
Res judicata
(c) Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 2-year separation.
Condonation
(d) Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.
Effect of a limited divorce on bill of complaint for absolute divorce
(e)(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.
(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.
Maryland Code, Family Law, § 8-202. Determination of property ownership (top)
Determination of ownership
(a)(1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.
(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.
(3) Except as provided in § 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.
Decree and order
(b) When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
Maryland Code, Family Law, § 8-203. Determination of marital property (top)
Determination of marital property
(a) In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1) when the court grants an annulment or an absolute divorce;
(2) within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or
(3) after the 90-day period if:
(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii) during the 90-day period, the court extends the time for making the determination; and
(iii) the parties consent to the extension.
Consideration of military pension
(b) In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.
Maryland Code, Family Law, § 8-205. Monetary award (top)
Grant of award or transfer ownership of an interest in property
(a)(1) Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.
(2) The court may transfer ownership of an interest in:
(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties; and
(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties.
Required considerations
(b) The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) how and when specific marital property or interest in property described in subsection (a)(2) of this section, was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both;
(9) the contribution by either party of property described in § 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
(11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property described in subsection (a)(2) of this section, or both.
Award reduced to judgment
(c) The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.
Maryland Code, Family Law, § 8-207. Determination of family home and family use personal property (top)
Determination
(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:
(1) before the court grants an annulment or a limited or absolute divorce; or
(2) when the court grants an annulment or a limited or absolute divorce.
Modification
(b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.
Certain property to be treated as marital property
(c) If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.
Maryland Code, Family Law, § 8-208. Possession and use of family home and family use personal property (top)
Award of possession and use
(a)(1) When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:
(i) decide that 1 of the parties shall have the sole possession and use of that property; or
(ii) divide the possession and use of the property between the parties.
(2) The court may exercise these powers pendente lite.
Required considerations
(b) In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:
(1) the best interests of any child;
(2) the interest of each party in continuing:
(i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or
(ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and
(3) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8- 207 through 8-213 of this subtitle.
Allocation of financial responsibilities
(c) The court may order or decree that either or both of the parties pay all or any part of:
(1) any mortgage payments or rent;
(2) any indebtedness that is related to the property;
(3) the cost of maintenance, insurance, assessments, and taxes; or
(4) any similar expenses in connection with the property.
Principal residence for tax purposes
(d) An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.
Maryland Code, Family Law, § 8-101. Deeds, agreements, and settlements valid (top)
Deed or agreement
(a) A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.
Settlement
(b) A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.
Our Maryland divorce attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with a SRIS, P.C. Maryland divorce lawyer, please call, send an email or complete the on-line form.
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MASSACHUSETTS DIVORCE ATTORNEYS
HANDLE BOTH CONTESTED DIVORCE AND UNCONTESTED DIVORCE IN MASSACHUSETTS
There is nothing easy about going through a divorce. Our Massachusetts divorce attorneys understand that a divorce is an anxiety laden and stressful experience. Our Massachusetts divorce & family law attorneys know that the best way they can help their Massachusetts divorce clients is by being there for them and giving them the guidance the clients need to get them through the Massachusetts divorce process. To let our Massachusetts divorce clients know that we are here for them, our Massachusetts divorce lawyers do their best to return all phone calls within 8 hours. We also give our Massachusetts divorce clients, our email address so that our Massachusetts divorce clients can email us in the event they are not able to call us. If you wish to obtain a general overview of the divorce process in Massachusetts, please click on the term divorce. Below, you will find some of the Massachusetts divorce laws. We hope this is of help to you. After, you have read it, you are welcome to contact us so that our divorce attorneys in Massachusetts may determine how we can best help you. Ourr Massachusetts divorce lawyers will listen to you and then give you honest and clear advice on how we can best help you with your divorce issues in Massachusetts. We have an office in the City of Boston, Massachusetts to better serve you. If you wish to consult a SRIS, P.C. Divorce attorney in Massachusetts, please simply contact us via e-mail, phone, or by filling out or on-line form. A Massachusetts divorce lawyer of SRIS, P.C. will talk with you and advice as you as to how we can help.
BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747
To obtain a general overview of divorce laws, please click here.
To learn more about the laws pertaining to divorce laws in Virginia or Maryland, please click on the state.
The following are some of the Massachusetts divorce laws.
General provisions
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Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure
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Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure
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Confinement for crime
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Absence; presumption of death
UNCONTESTED DIVORCE
M.G.L.A. 208§ 1- General provisions (top)
A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.
M.G.L.A. 208§1A- Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure (top)
An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required. After a hearing on a separation agreement which has been presented to the court, the court shall, within thirty days of said hearing, make a finding as to whether or not an irretrievable breakdown of the marriage exists and whether or not the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable. In making its finding, the court shall apply the provisions of section thirty-four, except that the court shall make no inquiry into, nor consider any evidence of the individual marital fault of the parties. In the event the notarized separation agreement has not been filed at the time of the commencement of the action, it shall in any event be filed with the court within ninety days following the commencement of said action.
If the finding is in the affirmative, the court shall approve the agreement and enter a judgment of divorce nisi. The agreement either shall be incorporated and merged into said judgment or by agreement of the parties, it shall be incorporated and not merged, but shall survive and remain as an independent contract. In the event that the court does not approve the agreement as executed, or modified by agreement of the parties, said agreement shall become null and void and of no further effect between the parties; and the action shall be treated as dismissed, but without prejudice. Following approval of an agreement by the court but prior to the entry of judgment nisi, said agreement may be modified in accordance with the foregoing provisions at any time by agreement of the parties and with the approval of the court, or by the court upon the petition of one of the parties after a showing of a substantial change of circumstances; and the agreement, as modified, shall continue as the order of the court.
Thirty days from the time that the court has given its initial approval to a dissolution agreement of the parties which makes proper provisions for custody, support and maintenance, alimony, and for the disposition of marital property, where applicable, notwithstanding subsequent modification of said agreement, a judgment of divorce nisi shall be entered without further action by the parties.
Nothing in the foregoing shall prevent the court, at any time prior to the approval of the agreement by the court, from making temporary orders for custody, support and maintenance, or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.
Prior to the entry of judgment under this section, the petition may be withdrawn by mutual agreement of the parties.
An action commenced under this section shall be placed by the register of probate for the county in which the action is so commenced on a hearing list separate from that for all other actions for divorce brought under this chapter, and shall be given a speedy hearing on the dissolution agreement insofar as that is consistent with the wishes of the parties.
M.G.L.A. 208§1B- Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure (top)
An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.
No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi if the court finds that there has existed, for the period following the filing of the complaint and up to the date of the hearing, a continuing irretrievable breakdown of the marriage.
Notwithstanding the foregoing, at the election of the court hereunder, the aforesaid six month period may be waived to allow the consolidation for the purposes of hearing a complaint commenced under this section with a complaint for divorce commenced by the opposing party under section one.
The filing of a complaint for divorce under this section shall not affect the ability of the defendant to obtain a hearing on a complaint for divorce filed under section one, even if the aforesaid six month period has not yet expired.
Said six month period shall be determined from the filing of a complaint for divorce. In the event that a complaint for divorce is commenced in accordance with the provisions of section one A or is for a cause set forth under section one, and said complaint is later amended to set forth the ground established in this section, the six month period herein set forth shall be computed from the date of the filing of said complaint.
As part of the entry of the judgment of divorce nisi, appropriate orders shall be made by the court with respect to custody, support and maintenance of children, and, in accordance with the provisions of section thirty-four, for alimony and for the disposition of marital property.
Nothing in the foregoing shall prevent the court, at any time prior to judgment, from making temporary orders for custody, support and maintenance or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.
Prior to the entry of judgment under this section, in the event that the parties file the statement and dissolution agreement as required under section one A hereinabove, then said action for divorce shall proceed under said section one A.
M.G.L.A. 208 § 2- Confinement for crime (top)
A divorce may also be adjudged if either party has been sentenced to confinement for life or for five years or more in a federal penal institution or in a penal or reformatory institution in this or any other state; and, after a divorce for such cause, no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights.
M.G.L.A. 208 § 3- Absence; presumption of death (top)
A divorce may be adjudged for any of the causes allowed by sections one, one B, or two although the defendant has been continuously absent for such time and under such circumstances as would raise a presumption of death.
Our divorce attorneys and staff in Boston, Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Spousal Support & Alimony in Virginia, Maryland Spousal Support & Alimony & Massachusetts Spousal Support & Alimony
Spousal maintenance – alimony lawyers in Virginia, Maryland & Massachusetts
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Virginia, Maryland & Massachusetts.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony in Virginia, Maryland & Massachusetts is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues in Virginia, Maryland & Massachusetts also have offices in Virginia, Maryland & Massachusetts.
Our Virginia spousal support & alimony lawyers, Maryland spousal support & alimony lawyers & Massachusetts spousal support & alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. If you wish to consult a SRIS, P.C. alimony or spousal support attorney in Virginia, alimony or spousal support attorney Maryland or alimony or spousal support attorney Massachusetts, call our office, or contact us on line.
MASSACHUSETTS DIVORCE ATTORNEYS
HANDLING BOTH CONTESTED DIVORCE AND UNCONTESTED DIVORCE IN MASSACHUSETTS
There is no magic potion to deal with the stress and chaos of a divorce in Massachusetts. A skilled Massachusetts divorce attorney of SRIS, P.C. can help you minimize the stress you are going through. If you are filing for a divorce in Massachusetts or defending a divorce action in Massachusetts or simply want to learn what options you have regarding a divorce in Massachusetts, we can help. The Massachusetts divorce attorneys of SRIS, P.C. know what to expect when they get to court.
Simply knowing the rules and procedures regarding Massachusetts divorce law is not enough. An experienced Massachusetts divorce lawyer has to be able to understand the emotional difficulties a client is facing when going through a divorce. Our Massachusetts divorce attorneys will listen to your concerns and needs. Our Massachusetts divorce lawyers do not take the approach of one size fits all. The SRIS, P.C. Massachusetts divorce attorneys tailor their approach to each individual case so that the client is aware of each step in the divorce process. Our goal is to leave you as whole as possible at the end of the legal process of a divorce in Massachusetts.
The Massachusetts divorce attorneys of SRIS, P.C. have an office in the City of Boston, Massachusetts. If you wish to consult a SRIS, P.C. Massachusetts divorce attorney, please simply contact us via e-mail, phone, or by filling out or on-line form. A Massachusetts divorce lawyer of SRIS, P.C. will consult with you regarding your matter.
BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747
To obtain a general overview of contested divorce laws, please click here.
To learn more about the laws pertaining to contested divorce laws in Virginia or Maryland, please click on the state.
The following are some of the Divorce Laws in Massachusetts. Click on any one of the topics to learn more about them.
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Venue
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Foreign divorces; validity
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Alimony or assignment of estate; determination of amount; health insurance
M.G.L.A. 208 § 6-Venue (top)
Actions for divorce shall be filed, heard and determined in the probate court, held for the county where one of the parties lives, except that if either party still resides in the county where the parties last lived together, the action shall be heard and determined in a court for that county. In the event of hardship or inconvenience to either party, the court having jurisdiction may transfer such action for hearing to a court in a county in which such party resides.
M.G.L.A. 208 § 39- Foreign divorces; validity (top)
A divorce adjudged in another jurisdiction according to the laws thereof by a court having jurisdiction of the cause and of both the parties shall be valid and effectual in this commonwealth; but if an inhabitant of this commonwealth goes into another jurisdiction to obtain a divorce for a cause occurring here while the parties resided here, or for a cause which would not authorize a divorce by the laws of this commonwealth, a divorce so obtained shall be of no force or effect in this commonwealth.
M.G.L.A. 208 § 34- Alimony or assignment of estate; determination of amount; health insurance (top)
Upon divorce or upon a complaint in an action brought at any time after a divorce, whether such a divorce has been adjudged in this commonwealth or another jurisdiction, the court of the commonwealth, provided there is personal jurisdiction over both parties, may make a judgment for either of the parties to pay alimony to the other. In addition to or in lieu of a judgment to pay alimony, the court may assign to either husband or wife all or any part of the estate of the other, including but not limited to, all vested and nonvested benefits, rights and funds accrued during the marriage and which shall include, but not be limited to, retirement benefits, military retirement benefits if qualified under and to the extent provided by federal law, pension, profit- sharing, annuity, deferred compensation and insurance. In determining the amount of alimony, if any, to be paid, or in fixing the nature and value of the property, if any, to be so assigned, the court, after hearing the witnesses, if any, of each party, shall consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. In fixing the nature and value of the property to be so assigned, the court shall also consider the present and future needs of the dependent children of the marriage. The court may also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. When the court makes an order for alimony on behalf of a spouse, said court shall determine whether the obligor under such order has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the spouse for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor do one of the following: exercise the option of additional coverage in favor of the spouse, obtain coverage for the spouse, or reimburse the spouse for the cost of health insurance. In no event shall the order for alimony be reduced as a result of the obligor’s cost for health insurance coverage for the spouse.
Spousal Support & Alimony in Virginia, Spousal Support & Alimony in Maryland & Spousal Support & Alimony in Massachusetts
Spousal maintenance – alimony
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
Child support on the other hand is not taxable. Alimony is completely independent from child support and most states do not use set guidelines to determine alimony. The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues have offices in the following states. If you want to see the exact location of each office, please click on the different locations:
- In Virginia, our offices in Northern Virginia are in Fairfax & Manassas; in Central Virginia, our office is in Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area, our office is in Virginia Beach; in Western Virginia, our office is located in Lynchburg.
- In Maryland, our offices are in Rockville & Boston.
- In Massachusetts, our office is in Boston.
Please click on the state, if you wish to read some of the laws regarding divorce law in:
Our spousal support and alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. Our divorce attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues. If you wish to consult a SRIS, P.C. alimony or spousal support attorney or family law lawyer, send us an e-mail, call our office, or contact us on line.
Spousal Support & Alimony in Virginia, Spousal Support & Alimony in Maryland & Spousal Support & Alimony in Massachusetts
Spousal maintenance – alimony
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
Child support on the other hand is not taxable. Alimony is completely independent from child support and most states do not use set guidelines to determine alimony. The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues have offices in the following states. If you want to see the exact location of each office, please click on the different locations:
- In Virginia, our offices in Northern Virginia are in Fairfax & Manassas; in Central Virginia, our office is in Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area, our office is in Virginia Beach; in Western Virginia, our office is located in Lynchburg.
- In Maryland, our offices are in Rockville & Boston.
- In Massachusetts, our office is in Boston.
Please click on the state, if you wish to read some of the laws regarding divorce law in:
Our spousal support and alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. Our divorce attorneys who represent clients with spousal support and alimony cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues. If you wish to consult a SRIS, P.C. alimony or spousal support attorney or family law lawyer, send us an e-mail, call our office, or contact us on line.
Spousal Support & Alimony in Virginia, Maryland Spousal Support & Alimony & Massachusetts Spousal Support & Alimony
Spousal maintenance – alimony lawyers in Virginia, Maryland & Massachusetts
Even in uncontested divorces in Virginia, Maryland and Massachusetts, spousal maintenance may be awarded in a divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony in Virginia, Maryland & Massachusetts.
Regardless of the term used in Massachusetts, Maryland or Virginia, alimony in Virginia, Maryland & Massachusetts is paid for a defined duration of time or until the death of one of the spouses or the remarriage of the recipient. What most people don’t realize is that alimony is taxable. The person paying the alimony deducts it as an above the line tax deduction. The person who receives alimony has to pay taxes on the amount of alimony received.
The Family Law Courts in Virginia, Maryland & Massachusetts have enormous discretion when determining the appropriate alimony award and the duration of the alimony award. Due to this uncertainty, most divorce attorneys work hard towards trying to settle the issue of alimony without risking a trial on the issue of alimony. Our family and divorce lawyers in Virginia, Maryland & Massachusetts will work to help you get spousal support and when necessary, defend an action for alimony.
Our divorce lawyers who assist clients with spousal support and alimony issues in Virginia, Maryland & Massachusetts also have offices in Virginia, Maryland & Massachusetts.
Our Virginia spousal support & alimony lawyers, Maryland spousal support & alimony lawyers & Massachusetts spousal support & alimony lawyers have an extensive amount of experience in resolving issues regarding spousal support and alimony in Virginia, spousal support and alimony in Maryland & spousal support and alimony in Massachusetts. If you wish to consult a SRIS, P.C. alimony or spousal support attorney in Virginia, alimony or spousal support attorney Maryland or alimony or spousal support attorney Massachusetts, call our office, or contact us on line.
SPOUSAL SUPPORT/ALIMONY – VIRGINIA LAWS & MARYLAND LAWS
During a divorce in Virginia or a divorce in Maryland, clients often wonder whether they will have to pay spousal support based on the spousal support laws in Virginia or spousal support laws in Maryland.
Generally in Virginia or Maryland, spousal maintenance may be awarded in a Divorce or legal separation proceedings and may be subject to later modification or enforcement proceedings as well. Alimony is vital part of being able to move on after a divorce. Alimony is generally paid in installments over a period of time, (weekly or monthly, for example). Spousal support is another term for alimony.
If you need help with a divorce in Virginia or divorce in Maryland and wish to discuss whether you are entitled to spousal support /alimony in Virginia or Maryland, please contact the SRIS Law Group spousal support attorneys by calling 888-437-7747.
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