Divorce Law Monitor

  • Divorce and the Engagement RingAugust 06, 2020

    A diamond is forever. Unfortunately, sometimes marriage is not. So, what happens to the engagement ring?

    An engagement ring is in the nature of a pledge, given on the implied condition that a marriage will take place. If the engagement is broken off before marriage, then the “contract to marry” is said to be terminated and the donor (the one who gave the ring) can recover the ring, provided the donor was without fault relative to the breakup. After marriage, however, things are different.

    Under Massachusetts law, upon a divorce, marital property is divided equitably. A judge may divide all property to which a party holds title, “however, and whenever acquired.” This means that any property owned by either party at the time of the divorce is subject to being allocated between the parties – including the engagement ring. Further, “fault” in terms of the reason for divorce will not result in the exclusion of the ring from the divisible marital estate. A judge will consider what is equitable under the facts of each case and has the power to order the ring to be retained by either party or sold. While an engagement ring is most often retained … Keep reading

  • Webinar: Keeping the Focus on Your Children During the Divorce ProcessAugust 04, 2020

    In the third episode of our divorce-focused webinar series, Dr. Sharon Gordetsky joins attorneys Tiffany Bentley and Francine Gardikas to explore how divorce affects children and how to navigate the process for their benefit. They discuss children’s developmental stages and needs, the decisions that will impact your family, the various professionals potentially involved in the process, and finally, the big one: how to tell the children.

    Click here to watch the full episode.… Keep reading

  • The Pros and Cons of Mediating a Divorce Matter via VideoconferenceJuly 30, 2020

    As I mentioned in my last blog post outlining a few tips for videoconferencing, a discussion of the decision-making process as to whether to participate in mediation or conciliation via videoconference could be its own blog post.  So, here it is!

    On July 13, 2020, Massachusetts state courthouses physically reopened to the public for limited purposes, including some in-person proceedings.  However, most hearings continue to be conducted by telephone or videoconference, often scheduled half an hour apart from other cases.  The result of the Court’s closure in mid-March due to COVID-19 and only gradual reopening since then is that the Court system is struggling to play catch up on matters that were not able to be heard during the Court closure, plus keep up with the continual new filings.  Parties are facing significant delays in getting their “day in court,” which is requiring parties and their counsel to think outside of the box and come up with creative solutions to address the ongoing needs of divorcing parties and their families.  One of these solutions may be to participate in mediation or conciliation via video conference.  While there is a difference between these two forms of alternative dispute resolution, for … Keep reading

  • Demystifying Myths About Dividing Assets in Divorce: Part 2 – The Treatment of “Personal” AssetsJuly 23, 2020

    “What’s mine is . . . yours?” 

    Welcome back to the long-awaited second part of my series on demystifying myths about asset division in divorce.  I started this incredible year by addressing the most common of misconceptions about the divorce process – the impact of an extramarital affair in asset division.  Since then, the world has seemingly turned upside-down.  So for those of you yearning for simpler times, go back and check out the first part of this series before diving into Part 2.

    In this second part of the series, we consider another of the common misconceptions about dividing assets in the divorce process, what happens to “personal” assets?  By “personal” assets, I am generally referring to those premarital assets (including real estate) titled in one spouse’s name, inherited assets received by one spouse prior to or during the marriage, personal business interests, and those investment and retirement accounts that you worked so hard to grow over time.  Basically, anything you would think of as “mine” instead of “ours.”  As you can imagine, the divorce process heightens this sense of personal ownership of these assets, which makes what I am about to say next all the more painful … Keep reading

  • Webinar: So You are Ready to Divorce… What is the Process?July 17, 2020

    In the second episode of our new webinar series, Robin Lynch Nardone and Andrea Dunbar walked through the divorce process: financial disclosure, what documents you need to collect, parenting classes, and more. They discussed the distinctions between contested and uncontested divorces in Massachusetts and Rhode Island, and what to expect from either process.

    Click here to watch the full episode.… Keep reading

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