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Westborough Family Law Blog

What is "Nesting" in the Context of a Divorce or Separation?

Almost everyone has heard the term "Nesting", but they usually associate it with preparing a home during pregnancy. In the context of a divorce or separation, Nesting is when the parties agree that the children (and all of their things) will remain at the primary residence. The parents then come to the home and enjoy their respective parenting time there, while the non-custodial parent leaves for that day/week.  As such, the children are impacted as little as possible, since they spend every day and night in their home. 

I Want a Divorce....Now What?

The start of a new year often brings with it reflection, goal setting, and tough decision making. For many people, this includes the decision to begin the divorce process. While coming to this realization is in itself an incredibly hard and emotional event, the rest of the journey is not necessarily any easier. In fact, if not handled well, the coming months (or years) can be some of the most emotional, difficult and traumatic in one's life.  What follows are some steps you can take to make the best of this tough situation. 

How to co-parent effectively during the holidays and always:

As the winter holidays approach, many co-parents are addressing the issue of how to effectively share or divide special events with their children. For some parents, this is the first holiday season that this situation and other custody issues have come up.

During parenting time discussions - and all discussions involving children - it is important to remember that two parties will never stop being their children's parents. This means that they will be intertwined to some degree for the rest of their lives, regardless of whether or not they are divorced, separated or in new relationships.

Is collaborative divorce right for you?

Collaborative divorce, as an alternative to traditional litigated divorce, is in the news today.

It certainly sounds attractive, judging by articles in the press. It is less stressful, less expensive, more private and less destructive to the relationship between the two principals.

Helpful apps that can make co-parenting easier

With the new IPhone X scheduled to be released soon, we find it appropriate to highlight a few smartphone apps that can make co-parenting easier. We find that the root of many problems between parents stems from communication, or the lack thereof. A parent can feel resentful when left out of the loop, and this resentment can grow and harm other facets of the co-parenting relationship.

With that said, there are a number of apps that can help divorced and separated parents keep track of important pieces of information so that they can avoid toxic disagreements, especially with difficult co-parents. 

Revisiting parenting time difficulties during Halloween

A few weeks ago, we posted on some of the difficulties that divorced and separated parents may encounter when Halloween comes around. Essentially, disputes may arise when both parents want to take the child trick-or-treating in their respective neighborhood. With Halloween coming next Tuesday, we thought it prudent to reiterate the messages that can help in resolving disputes.

In many cases, it could be fairly easy to resolve these problems. For instance, parents can compromise and have Saturday afternoon for a Halloween party or event with one parent, while trick-or-treating on Tuesday may be with the other parent. 

How is property divided in a divorce?

Question: My husband and I have separated and are talking about getting the divorce process started. Both of us were older when we were married and already had 401k's and other retirement savings. I also received 10K from my grandmother's estate recently, which I have in a separate bank account. Lastly, we have purchased quite a bit of stocks and bonds over the years--we used my ex's inheritance to purchase many of them, though they are in both our names.

Answer: It's important that you start your new life on a firm financial footing. The Commonwealth of Massachusetts uses the legal doctrine of "equitable division." In addition, Massachusetts recognizes that all property of the parties, whether individually or jointly owned, is subject to division in a divorce. Let's look at how those apply to you.

What is considered in relocation cases?

Child custody disputes can be particularly difficult when the prospect of relocation arises. It is fairly common for a parent to want to move to another city to pursue a new job, or simply to start a new life. Indeed, the prospect of this can be emotionally painful for the parent left behind.

Depending on the nature of the relationship, a custodial parent may have to seek the court’s permission before executing a move. If a child is born of a marriage or a parenting time order exists, a custodial parent generally has to petition the court and serve the other parent. After all, Massachusetts law gives parents the right to contest moves that will substantially impact existing parenting time.

Should you be first to the courthouse?

Many potential divorcees may wonder if there are any advantages to being the first to file for divorce. After all, no one wants to be the spouse who is blindsided by a divorce petition. Besides being able to avoid the emotional anguish of being served out of the blue, there are some legal and financial advantages to being the first to the courthouse. This post will identify a few.

Having the proper documents together – One tactical advantage is having all the relevant financial documents in your possession, thus likely reducing the need for costly discovery requests. By having the most recent bank statements, brokerage statements and insurance policies, you can paint an accurate financial picture without being on the defensive.

Parenting time difficulties at Halloween

With Halloween less than three weeks away, it is important for divorced and separated parents to think about what parenting time will be like on their child’s second favorite night of the year (with Christmas Eve likely being their favorite). Basically, parents who share custody must be on the same page when it comes to parenting time on Halloween.

For some parents, it may be fairly easy to determine who will take the child trick-or-treating. It may also be as simple as designating an afternoon for a Halloween party in one parent’s neighborhood (or with their family) while trick-or-treating on Halloween night may be done in the other parent’s neighborhood. 


Law Office of Leila J. Wons, P.C.
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