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NISSENBAUM’S STANDARD SET OF
SUMMARIES OF LAW - DIVORCE
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16.1 As long as the court considers the mandatory factors enumerated in General Laws, Chapter 208, Section 34, the court has discretion to emphasize those factors which to the court are most conductive to an equitable Judgement. Ross v. Ross, 385 Mass. 30, 37 (1982); Rice v. Rice, 372 Mass. 398, 400-401 (1977).
16.2 Before the Court exercises its discretion to award alimony or assign estate assets, it must consider all the applicable criteria of the statute; length of the marriage, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs of each of the parties and the opportunity of each for future acquisition and capital assets and income. Trudel v. Trudel, 8 Mass. App. Ct. 939 (1979). Putnam v. Putnam, 6 Mass. App. Ct. 672 (1979).
16.3 Absent consideration and application of all of the section 34 factors, an equitable distribution would not be valid. Patridge v. Patridge, 14 Mass. App. Ct. 901, 918 (1982); Rice v. Rice, 372 Mass. 398, 400-401 (1977). King v. King, 373 Mass. 37, 39-40 (1977).
16.4 I have considered the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, the opportunity of each for future acquisition of capital assets and income, the contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates, the contribution of each of the parties as a homemaker to the family unit and the present and future needs of the dependent children of the marriage, prior to entry of judgment in this case and such consideration as applied to the facts of this case warrants a division of marital property and for support as set forth in the Judgement of Divorce Nisi.
16.5 I have considered the proposed Requests for Conclusions of Law submitted by the parties. To the extent any of the above finding are the same as or similar to said proposed findings, I have, none-the-less made my own independent decision about which findings to include here as my own.
Dated: By the Court,
First / Associate Justice
Probate and Family Court Department
cc: G. L. Nissenbaum