I Want It NOW - The Law Office of Weiner Jackson and Simmons

Growing up, Ronald Dahl’s Charlie and the Chocolate Factory was one of my favorite books. Charlie was, by far, my favorite character, because of his innocence and wonder; however, Veruca Salt was always the most interesting. Do you remember all of her infamous “I Want It Now” demands?

Some of my potential divorce clients remind me of Veruca Salt. During our consultation, those clients will tell me they want and deserve everything: all equity in the house(s), the entire 401k, and, yes, even the salt shaker.

Very rarely will one party receive all of the marital assets in a divorce settlement. Similarly, Massachusetts is not a community property state; therefore, we do not automatically divide marital assets equally.

Massachusetts Probate and Family Courts apply M.G.L. Chapter 208, §34 to determine how marital assets should be divided. More often than not, division of marital assets is as close to equal as possible. When determining how to divide assets, Judges give varying weight to each of the following factors, but all are considered: Length of marriage; Conduct of the respective parties during the marriage; Ages of the respective parties; Health of the respective parties; Station of the respective parties; Occupations of the respective parties; Amount and sources of income of the respective parties; Vocational skills of the respective parties; Employability of the respective parties; Estates of the respective parties; Liabilities of the respective parties; Needs of the respective parties; Current needs of the minor children of the marriage; Future needs of the minor children of the marriage; Opportunities available to the respective parties for future acquisition of capital; Opportunities available to the respective parties for future acquisition of income; Contributions of the respective parties in the acquisition, preservation or appreciation in value of their estates; and Contributions of Husband and Wife as homemaker.

For someone who is truly angry and wants everything, this can be a tough reality; however, I find that most clients would rather hear the truth sooner than later. Unrealistic expectations only lead to disappointed clients.

Only because you read this entire article, I will share a secret with you: the Oompa Loompa are now my favorite. I love their honesty and integrity (but also because they remind me of a close friend). Now that I have shared that, I dare you to get their song out of your head as you go on with your day.

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ciation Representative Town Meeting Junior League of Boston Contractor Disputes Personal Injury Landlord Tenant Deed paternity South Attleboro Cub Scout pack 65

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