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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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Ive been married for just under 2 years with a 6 month old

Customer Question

Ive been married for just under 2 years with a 6 month old child. With my wife. She had no job for the last 7 years and I have a 3 family house long before we got married
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

What is (are) your specific question(s)?

Thanks
Customer: replied 1 year ago.

I've been married for just under 2 years. And have a 6 month old son with my wife. Prior to us getting married she has been out of work. For 7 years now. I have a 3 family house that is in my name and had this house from 2003 until present. What is she entiled to besides child support

Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the information.

I want to look up a couple of things for you. I will be back with an answer asap. It may take a little time.

Thanks for your patience.
Customer: replied 1 year ago.

Ok thank you disregard my response to being dissatisfied

Expert:  xavierjd replied 1 year ago.
Hi Mark,

Massachusetts is an equitable distribution state, meaning that the law requires that all of the marital property be divided in a fair and equitable fashion.

"Equitable" is that which the Court finds to be fair and reasonable under the circumstances. Note that equitable may well be something other than a 50/50 split; thus “equitable” is not necessarily “equal.” The court considers 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 the parties and the opportunity of each for future acquisition of capital assets and income.

 


Generally speaking, property brought into a short-term marriage by either party is that party’s separate, non-marital property. Also, property received during the marriage by one party as a gift or inheritance may be considered non-marital property. All property acquired during the marriage with marital funds or through marital effort will likely be deemed to be marital property, regardless of how it is titled. Property owned by one party prior to the marriage but which has increased in value may be viewed in part or in whole as a marital asset.

So, most likely, you wife will take what she brought into the marriage and you will take what you brought into the marriage. Anything that was purchased with marital funds will be considered marital property and will have to be divided. Further, if you have made money on the 3 family house since you've been married, or it has gone up in value during the last 2 years, that amount of money that was made, or the increased valuation in the last 2 years on the 3 family home may be considered marital property and must be divided.

It is true that you will have to pay child support if your wife is going to have primary physical custody of the child. However, the amount of child support depends upon a lot of variables. Below is a link to MassLegalHelp regarding commonly asked questions about custody and visitation.

http://www.masslegalhelp.org/children-and-families/child-custody-and-visitation


Again, as far as your assets as well as your debts, you will probably each take away what you came into the marriage with. If you have incurred MARITAL debts during the marriage (eg. joint credit card debt), those must be divided in the same way as your assets.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.

Thank you very much. I bought my house in 2003 we married in 2011 may. I just am not sure if I want to continue in this marriage. For reasons of us discussing on the way that she be working before we got married as well as having a child. I've hastily made all my decisions based on my wife thinking that I didn't want to marry it have a child with her because I didn't love her enough or want a child with her. I wanted us to be better secured financialy before we made these big decisions. I feel nowthat iI am stuck. And do not want to fail as a farther to my son. Thank u again for your info

Expert:  xavierjd replied 1 year ago.
Hi Mark,

It sounds like you are gathering information so that you can make the best decision for you and for your son.

You should NOT feel "stuck." You have OPTIONS.

Sometimes, parents are better apart than they are together. A child would rather have 2 parents who love him and make him feel safe rather than 2 parents who are constantly arguing or making him feel afraid.

I wish you the best. I know that whatever decision you make will be right for you!

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 6 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

Customer: replied 1 year ago.

I had a question this is mark Kenney we spoke on Saturday. If I wanted to proceed with my decision to divorce my now wife. Is that something that you would be able to assist me with. Or would I need to seek legal assistance here in Massachusetts. Let me no.

Expert:  xavierjd replied 1 year ago.
Hi Mark,

I am sorry to hear that your marriage is over. Nobody likes to hear that a relationship has come to an end. However, as I stated earlier, sometimes people are better parents apart than they are when they are together. You need to do what is best for you and your son.

Below is a link to basic divorce information for the Commonwealth of Massachusetts.

http://www.masslegalhelp.org/children-and-families/divorce-separation-basic-info


Moreover, below please find a link to Massachusetts legal forms necessary for filing completing a divorce, as well as forms for child custody and visitation. Financial forms are also included as well as forms for other issues that may arise during the divorce. You can read through the forms and decide whether you can handle the divorce on your own.

http://www.lawlib.state.ma.us/subject/forms/#divorce

In many cases, unless you and your wife agree on EVERYTHING, it is wise to hire a divorce attorney. Things can become complicated, and if and when they do, it is wise to have an attorney assist you. Moreover, if your wife hires an attorney and you are pro se (representing yourself), it is more likely that you will be "bullied" and will need the assistance of an attorney.

In any case, it would be wise to contact an attorney who specializes in family law BEFORE you file on your own. Sometimes, an initial consultation is free or at a minimal cost. You can discuss the specific facts of your case, evaluate your options and decide how to proceed.

Below is a link to the Massachusetts Bar Association Attorney Referral Service.

http://www.masslawhelp.com/

I hope you find this information useful. I wish you the best.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

xavierjd

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!


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