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NISSENBAUM’S STANDARD SET OF

 SUMMARIES OF LAW - DIVORCE

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 WARNING!  THIS IS A DISCLAIMER!  NOTHING ON THE WEB SITE IS TO BE CONSIDERED IN THE NATURE OF LEGAL ADVISE, NOR IS THE INFORMATION PROVIDED NECESSARILY UPDATED TO INCLUDE THE LATEST MASSACHUSETTS CASES OR CASES FROM OTHER JURISDICTIONS WHICH MAY EFFECT THEIR CASE.   YOU MUST CONTACT THE LAWYERS AT NISSENBAUM HICKEY OR ANOTHER EXPERT IN FAMILY LAW IN ORDER TO SEEK INDIVIDUAL LEGAL ADVICE ABOUT YOUR CASE. 

III. Financial Considerations.

3.1 The financial statement of a party should include all for the parties' financial capabilities necessary to enable the court to determine support and assignment of marital assets. Borman v. Borman, 378 Mass. 791 (1979).

3.2 "Each spouse in a divorce proceeding has the obligation to provide adequate financial data to the other spouse and to the court. A judge is entitled, barring special circumstances, to draw all reasonable inferences against a party who fails to do so." Grubert v. Grubert, 20 Mass. App. Ct. 811, 822 (1985); Gordon v. Gordon, 26 Mass. App. Ct. 973, 975 n. 4 (1988).

3.3 It is within the fact finding function for the judge to determine if a party has unreported income or assets based on an assessment of the evidence and the testimony. Davidson v. Davidson, 19 Mass. App. Ct. 364, 376-378 (1985).

3.4 Where a party has misrepresented his financial position, the Court has broad discretion to fashion appropriate relief. See, Demeter v. Demeter, 9 Mass. App. Ct. 860 (1980); Pemberton v. Pemberton, 9 Mass. App. Ct. 9, 15-16 (1980).

 

 

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