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What Happens in Vegas

Nicholas Cage clearly believes in the idea of marriage. He has been married four times, with his most recent marriage lasting only four days prior to filing for an annulment. According to reports, the movie star married a makeup artist in Las Vegas. What is most eyebrow raising about this most recent marriage is that his wife is disputing the annulment, but instead asking for a divorce and alimony.

Alimony is generally not awarded when the marriage is short term, including if an annulment is granted. Why is this case different? The wife is claiming that her reputation has been damaged by the annulment and that her future income will limited for that reason. We have no knowledge of Nevada law or specifics of the case, other than what was reported in the MSM, but Massachusetts courts would likely deny her request for alimony.

Massachusetts allows for alimony based on the length of the marriage and the needs of the parties. We allow for several types of alimony:

1. General Alimony: Support is paid to an ex -spouse who is financially dependent on the former spouse.
2. Rehabilitation Alimony: Support is paid to an ex-spouse who is expected to be self sufficient within a predicted amount of time.
3. Reimbursement Alimony: Support is paid to an ex spouse after a marriage lasting less than five years to make up for costs or expenses that helped him or her start a business, receive an education or similar.
4. Transition Alimony: Support is paid after a marriage of less than five years to help the spouse settle into a new location or life style post divorce.

There are few hard rules regarding alimony because all situations are so different. Whether alimony is appropriate can depend on many things, including child support orders, personal needs, age of the parties and the terms of the overall agreement.

Please let is know if we can answer questions about family law or any other legal matters.

Regards,
John and Faye

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Common Sense.

 

“When can I start dating?”
– Approximately 60% of clients during divorce consultations (based on totally unscientific studies)

We suggest that people use common sense when starting to date during the divorce process. If you think that your dating might create anger in your spouse, it likely will; that anger often leads to prolonged proceedings and increased legal fees.

We recommend keeping the divorce moving towards resolution by following these simple guidelines:
Protect your Assets: If you want to date, remember that you are spending marital assets to pay for the dates. You have the right to move on and to enjoy life, but it may ultimately effect division of marital assets. Typical dating and entertainment expenditures are typically not an issue, but we recommend nothing extravagant, especially if it interferes with your ability to support your family;
Be Smart and Discrete. If you want information to remain private, do not advertise what you are doing on social media. Not might your spouse see it, but potentially your spouse’s attorney (of course, under ethical boundaries). The quickest way to discredit an argument about lack of money are photos of fancy dinners, vacations and adventures;
Be a Parent First: This is not the time to start introducing new “friends” to your children. First of all, children experience a range of emotions during (and after) a divorce. They will often “blame” the first person that they meet for keeping their parents apart, even if that person has nothing to do with the split. Also, rebound relationships are common and it is not in the best interest of the children to be introduced to many “friends.” Lastly, anyone who meets the kids will be open to scrutiny by your spouse and the court for any influence that they might have on your children;
Know Yourself: Everyone wants companionship. In the short term, it may mean surrounding yourself with family and friends or a new puppy; however, at some point in the future, you may want romantic companionship. Even if you wanted the divorce, you may still may not be ready to date beyond something very casual.
As always, please let us know if we can guide in you in any legal matters.

Warm regards,
John & Faye

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Independence.

It’s ironic that we approach a holiday week that celebrates independence from England by reflecting on how independent we are not.  This year is a little different for us. We aren’t going to comment on the immigration issues that divide our country at the moment. What we are thinking about is how we are never truly independent.

This week, the announcement was made public by Wicked Local that we won the best local attorneys in the region. As the news broke, we couldn’t help but thinking about how we got here and it’s not from being independent.

We are the faces of WJS Legal, but we are not the reason for our success. We would be lost without Katie and Kyla, who help keep us organized and moving forward flawlessly.  We could not succeed without our realtors and lenders. Our survival depends on our family law clients who trust us with the most intimate and sensitive parts of their lives. We need all of you, who believe in us and support our work.  We are, truly, only two people who are surrounded by greatness.

Thank you for always supporting us and Happy 4th of July!
Warm Regards,
John and Faye

Our two minutes of fame:

http://www.wickedlocal.com/section/favoriteswinners category=local%20shopping&town=north%20attleborough&cbResetParam=1

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Marinara Money

 

The legal experts of Twitter and Facebook are discussing Donald Trump Jr.’s* recent request for financial disclosures from his soon to be ex-wife, Vanessa. People are confused and asking many questions, including:

 

  • Don’t they have a Prenuptial Agreement** ? The answer to this is probably yes; and
  • Why would he care what his wife has when he’s the one with the deep pockets? Insert boring legal procedure here.

Massachusetts requires that parties make financial disclosures during the divorce process.*** This is true whether the parties have a Prenuptial Agreement** or the divorce is contested. Parties must fill out and exchange Financial Statements, listing all of their income, expenses, assets, and liabilities. Parties must also exchange three (3) years of individual and joint taxes, bank statements, investment statements, and inheritances**** (such as Vanessa Trump’s alleged inheritance from her father, who was an investor in a marinara sauce company).

As always, please let us know if we can provide any additional information for you regarding this or any other legal matter.

Warmest Regards,
John and Faye

* This is not intended to be a commentary on any member of the Trump family or their politics. It is merely intended to provide information about divorce procedure.

** For more information regarding what makes a Prenuptial Agreement valid, please see: https://wjslegal.com/category/divorce/page/2/

*** We can’t confirm that this is true in every state in the country, but New York seems to have similar requirements to Massachusetts.

**** For more information on whether inheritances are considered individual or marital assets, please see: https://wjslegal.com/category/divorce/page/3/