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Home > Summary Index > Divorce
NISSENBAUM’S STANDARD SET OF
SUMMARIES OF LAW - DIVORCE
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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).