Massachusetts is likely to adopt a similar kind of legislation sooner or later.  As states begin to recognize this new type of business entity, questions of certification or qualification will arise.  Massachusetts is in a position to consider its options around this new type of entity.

The issue is really one that affects the entire business community: what kind of incentives and protections for this type of business would benefit the economy within which most businesses operate?

Tenancies at Will

The customary approach to residential and shorter commercial leases is to seek a level of safety in which each party knows the beginning and end of the lease term.  While tenants want the security of knowing that their lease cannot be terminated before they are prepared to leave, sometimes both parties desire to continue the rental relationship indefinitely.

One veteran landlord tells his commercial tenants that he wants to continue renting his retail space as long as he can, and that he will continue to rent to them if there are no problems.  The parties take the time to clarify the terms of an “at will” agreement.  Although the duration is indefinite, other terms can be spelled out to each party’s satisfaction.

Leases

Leases address rent increases, utilities, limits on building use, and many other issues that landlords and tenants need to discuss before entering into a long-term business relationship.  One advantage of a lease is the fact that it pushes the parties to contemplate the terms with more attentiveness than the standard form approach.  As landlords and tenants work out their lease with the help of their attorneys, they soon realize the benefit to each.  They realize that leased land has a meaning beyond the contract.  It is the location of the tenant’s livelihood; it is part of the local economy; or it is someone’s home.  Leased land can be more productive for the owner, valuable for the tenant and the community, when the parties make the effort to craft the lease.

An agreement to rent land is the beginning of a business relationship.  That relationship demands more than just signing a contract; it goes beyond recognizing the various rights and duties of each party.  The landlord-tenant relationship is about finding the best way to make use of particular land or property.  By taking the time to clarify the terms of the agreement, the parties better understand each other’s goals and enjoy the mutual benefit of the business relationship.

You can find information about divorce in numerous places.

HERE | HERE | HERE

This article is a very brief overview about preparing for one type of divorce called an uncontested divorce.

Although it is possible to prepare the required court documents yourself, an attorney can facilitate the process, prepare the documents, and can be trusted to file them in court properly.

FINANCIAL STATEMENTS In order to evaluate the terms of your divorce, a judge needs to see the financial picture of both parties.  You must fully disclose your income and assets to the other party.  The court requires you to complete and submit a Financial Statement based on your household budget.  You will need to gather monthly bills, pay stubs, bank statements, previous years’ tax forms – basically all relevant financial documents.

SEPARATION AGREEMENT Most separation agreements are based on templates full of legalese; but the real substance of the agreement, if there are no minor children, specifies how property is to be divided and whether support shall be paid to one party.  In short term marriages, couples may “walk away with what they came in” and divide jointly acquired property equally.  There may be good reasons for dividing property unequally, but both parties must agree to such a division and the judge must approve it.  The agreement must also address whether one party shall pay the other support (often called alimony).  Again, the amount will depend on the particular circumstances of the parties.  Other issues such as health insurance, paying joint debts, filing taxes are addressed too.

Both parties should consult an attorney about the contents of a separation agreement, before signing it.

APPEARING IN COURT After all the documents have been filed, the court will notify the parties of the hearing date. On the day of the hearing, the parties stand before the judge and answer a few basic questions.  The judge looks over the documents, asks whether you feel that the marriage has irretrievably broken down, and whether you understand the agreement.  The hearing can take as little as 5 minutes, unless the judge has questions about the contents of the separation agreement.

Thirty days after the hearing, the court sends you a document called Judgment of Divorce Nisi, which becomes effective 90 days thereafter.  So your divorce becomes final 120 days after the hearing, in this type of divorce.  In other types of divorce, the time line is different.