What are my legal rights when getting a separation or divorce?

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What are my legal rights when getting a separation or divorce?

I have been married for 23 years. We have 2 school age children and own a home.

Asked on February 8, 2012 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  So much more information is necessary here to give you a complete overview of what you may be entitled to under the law.  But I will try my best.  You live in a state that divides assets acquired during a marriage - regrdless of whose name they are in - under a theory known as equitable distribution. Do you work?  Are you a stay at home Mom?  The answers to these questions will determine if you will be entitled to some form of spousal support.  You are certanly in the marriage for long enough under the law for it to be considered.  Child support is determine by a statutory formula and who will be considered to be the custodial parent (who the kids live with most of the time).  If you wish to stay in the home until the kids go to college then that has to be spelled out.  If you wish your spouse to contribute to tuition for college then that has to be spelled out too.  Support generally ends at around 18.  Please seek legal help.  Good luck.


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