Our goal is to educate and provide you with favorable options so that you feel empowered to choose the best outcome.
When it comes to divorce, amicability is our first step – when that doesn’t work, we are not afraid to throw on the gloves and fight for you.
When you work with our firm you become a part of our family. You can rest assured that you have a fierce team of advocates backing you up.
We don’t sugar-coat here. We say it to you straight so that you always know where your case stands
Property Division Lawyers Serving Residents of Westborough in Worcester County
Massachusetts state law requires courts to divide property equitably within a divorce. Although the normal divide is 50/50, it is important to note that an equitable distribution does not require an even split. Instead, a court must decide how to divide marital property in a way that it deems fair to both parties taking into consideration a number of different factors.
Each spouse likely has a differing view on what a fair split of the assets looks like. As a result, this process can be challenging and may lead to several disputes between you and your soon-to-be ex-spouse. Fortunately, the attorneys at O’Connor Family Law have over 35 combined years of exclusive family law experience and, therefore, have the tools to help you through this process. Our Worcester property division lawyers can carefully review your financial situation and help you obtain the assets to which you are entitled.
Speak with our attorneys by calling (774) 315-4220 or filling out our online form today.
How Does Division of Property Work?
Massachusetts is an equitable distribution state when it comes to dividing property during divorce. While some states organize a couple’s assets into separate and marital property during this division process, Massachusetts does not. In fact, it is often at the Judge’s discretion to determine how to divide all their property most fairly, which includes assets obtained by either party during the marriage as well as assets that were brought into the marriage. One exception to the Judge looking at all the assets a couple owns, is where the couple entered into a prenuptial or postnuptial agreement that identified certain assets as belonging solely to one spouse in the event of a divorce. Usually, those assets are taken off the table; however, a Judge can look at what one spouse is getting within a prenuptial or postnuptial agreement when dividing the other marital assets. Additionally, if a couple can reach a mutual arrangement regarding the division of their property, their lawyers can help them draft an agreement and submit it to the Judge for final approval. When a couple cannot reach a property division agreement, the court can assess the value of the assets in question and consider a number of factors about each asset to determine how to divide the property between the two parties most fairly.
The court has broad discretion when determining how property should be divided. When reaching this decision, there are many factors that a judge has to consider. Some of these considerations include the length of the marriage, how the property was acquired, the contributions of each party, as well as the age, health, occupation, and income of each party. The conduct of each party also could weigh on the decision. For instance, a proven act of financial misconduct, such as fraud or a history of excessive gambling, may negatively impact the property someone may end up with. We were successful with representing a wife within a divorce whose husband had utilized a significant amount of marital funds to support his drug and alcohol addiction which resulted in the Court only awarding him 20% of the marital estate after trial because of it. Our lawyers can advocate for a fair property division based on your specific case and the various factors that a court may consider when making a final decision.
"O'Connor Family Law and specifically Lydia Field were amazing throughout my entire divorce process. Lydia was so knowledgeable, responsive, and helpful as we worked through the mountains of paperwork."- Sarah M.
"I am so happy with the services Attorney Khan provided, she came in at the last minute after a previous attorney did not fulfil his duties and she found errors he had made, worked all weekend on a rush to finalize my divorce."- Courtney O.
"LaKeshia Parker Smalls and her team were so wonderful throughout my divorce process. I spoke with a few other lawyers before hiring her who made me feel like a burden with all the questions I needed answers to."- Jessica C.
"Sasha Khan worked with me for 10 months on a child custody modification. She had a difficult case with the opposing party, but was very professional and driven to defend me and give advice through a very difficult time in my life."- Shannon W.
No Big Egos Here.
Hands in, team: we're on a mission.
We're the Real Help You're Looking For.
We're a team of real people who have been through what you're facing now. Because we've been there, we know the way out. Call us today.Reach Out To Get Started