As technology advances, it also impacts the way parties to a Massachusetts family law case may try to present evidence to the court. However, these advancements are not always for the better. One major development is the creation of cell phone apps that allow you to print off the text message from your phone.
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 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 during divorce proceedings one spouse may claim to suffer from a disability that affects their ability to work. When your spouse claims to be disabled, you might wonder if there is anything that you can do about it. It may sound awful to question the honesty of your once beloved spouse especially as it relates to a medical condition. But sometimes further exploration is necessary to determine the true extent of your spouse's disability and its effect on their ability to work. This is especially the case if your spouse has already given you reason not to trust.
Sadly, a Massachusetts divorce often involves lies and deception. Although the parties in a Massachusetts divorce action are obligated to make full and complete disclosures of their assets and liabilities, it is not uncommon for one spouse to attempt to hide marital property. By hiding assets, one of the parties may attempt to keep those assets from being equitably distributed and reduce the amount of child support and alimony they would otherwise be required to pay.
It's a rare occurrence these days when we do not have to address social media in a Massachusetts divorce or paternity child custody case.