Even though a Massachusets divorce is an unfortunate reality of modern life, people still get married every day, and they hope that their partnership with their spouse will stand the test of time.
When their child is getting divorced in Massachusetts, most parents are appalled to to learn that Massachusetts, unlike other states, allows the court to consider the future inheritance of a divorcing spouse when determining how to divide the marital estate. Although a future expectancy of an inheritance is not divisible in a divorce, "the opportunity of each for future acquisition of capital assets and income: is one factor, among many, that the court weighs in the process of equitable distribution.
As the Massachusetts divorce process begins, it's not uncommon for the spouse with the financial power during the marriage to declare war against their former partner by cutting off credit cards, hiding assets and hiring the most litigious attorney. This could send their estranged partner into a financial and emotional tailspin.
As people spend more and more time on digital and electronic devices (smartphones, laptops, ipads, and computers), digital information becomes more relevant in divorce cases. Social media, computers and cell phones become very prominent in Massachusetts divorce cases. This is largely because they are a great source of evidence. It is not uncommon for clients to show up for divorce consults with large stacks of text messages from a spouse or Facebook posts. The field of Family Law is responding to this increasing prevalence of digital information with the increased use of computer forensic investigators/experts.
Sometimes a spouse can be blind-sided by his or her partner's request for a divorce. More often, however, both spouses share a sense that the relationship is broken and can't be fixed. When it comes to that, does it matter who files first? According to some financial and legal divorce consultants, it does.
The Massachusetts alimony reform statute states that "alimony awards which exceed the durational limits established shall be modified upon a complaint for modification without additional material change of circumstance, unless the court finds that deviation from the durational limits is warranted." The court must then look to whether deviation is "required in the interests of justice."