Divorce

When a couple who has children separates, ideally, the parties can agree on a parenting schedule that is the best interest of the children. However, sometimes, one party does not allow the other party to have parenting time with the children. The course of action for the party who is not being allowed to have […]

Dissipation of the Marital Estate

  • By: Karpenski & Schmelkin
  • Divorce

The division of the marital estate is one of the corner stone issues in a divorce action. When the parties have been honest with one another about what assets each party has, the conversation then leads into how to divide up the marital estate. However, many times, one or both parties have engaged in financial […]

When the Court enters a Judgment of Divorce Nisi, in many cases, the litigation is not over. The Judgment of Divorce Nisi (and Temporary Orders) provide the rights and obligations of the parties. A common issue, in many cases, is enforcement of those rights and obligations. The Massachusetts Probate and Family Court has the authority […]

Equitable Division of Marital Estate

  • By: Karpenski & Schmelkin
  • Divorce

During the course of your marriage, you and your spouse have acquired assets and liabilities. Now that you and your spouse are going through a divorce, you need to determine how to divide the marital assets and liabilities equitably. In the event that you and your spouse cannot agree on an equitable division of the […]

During the divorce process, the more information that you have about your spouse, the better you will be able to prepare your case. Some divorcing couples make the mistake of assuming that they have all of the information they need about their spouse. However, sometimes there are hidden assets, whether they were hidden intentionally or […]

A divorce in Massachusetts can be filed either under the “fault” section or “no-fault” sections of the Massachusetts Divorce Statute. A “no-fault” divorce can be filed either as an uncontested joint petition for divorce or a contested Complaint for Divorce. While it is ideal that the parties are able to come to an agreement on […]

During the divorce process in Massachusetts, there are many discovery tools available to the parties. Discovery in an action for divorce allows a party to request and receive important and relevant information and documents from the other party. Engaging in discovery helps a party build his/her case for negotiations and in the courtroom. There are […]

Wedding planning can be stressful for a couple. The decision to enter into a prenuptial agreement is a very personal decision. Most couples believe their marriage will last forever and don’t think there is a need to enter into a prenuptial agreement. The reality is that every married couple can benefit from having a prenuptial […]