Seder & Chandler, LLP
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Those in divorce process may have misconception about adultery

Getting divorced in Massachusetts is understandably an emotionally and financially trying experience. In many cases, those interested in breaking free from a marriage have misconceptions regarding the divorce process. One of these misconceptions has to do with adultery.

Some think they are entitled to more financially during divorce because their spouses were unfaithful. In reality, adultery plays virtually no role in who receives more assets or money following the dissolution of a marriage. This is the case because states today, including Massachusetts, offer no-fault divorces.

In no-fault divorces, spouses who are separating are not required to prove the other party's fault in breaking up the marriage. Instead, the most important focus is determining how to best divide assets and money between two parties. However, in cases where spouses blew large amounts of money in an effort to pursue affairs -- for instance, spending on expensive trips or renting secret apartments -- a court may require these spouses to end up paying more.

If two spouses who are going through the divorce process in Massachusetts can achieve their own divorce settlement through mediation, they may be able to avoid the stress and contention often associated with going to trial. Still, divorce trial may be necessary if the two parties cannot see eye to eye on how to handle their finances, including how to address the family home or car, for example. In this situation, the judge will make the final determination regarding how their assets will be split -- a decision that has long-term implications.

Source: wisebread.com, "4 Myths About Divorce and Money, Debunked", Dan Rafter, July 11, 2017

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