Divorce and Family Law Blog
Written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
Declaratory Judgments and Obtaining Dual Citizenship
For many, the notion of dual citizenship evokes a sense of belonging to two worlds. It provides a tether to a cultural past that might otherwise feel distant. Some countries extend this opportunity through a principle known as jure sanguinis—“by descent”—which grants...
Wedding Is Off! Who Gets the Engagement Ring?
Who keeps the engagement ring if a couple calls off the wedding? Does it matter who's at fault? For sixty-five years, Massachusetts courts have said that the person who gave the ring could get it back following a broken engagement if they weren't at fault for the...
Deviating from the Durational Limits on Alimony: New Case
In the Massachusetts Appeals Court case, S.S. v. S.S., Turco Legal partner Maureen Booth successfully argued that the Probate and Family Court erred in deviating from the presumptive durational limits on alimony during a divorce proceeding. Finding a deviation was...
The “Double Dip” Problem: New Alimony and Asset Division Case
A new Massachusetts Appeals Court case, Michael A. Trethewey v. Rosalia F. Trethewey, highlights the risk of “double dipping” in divorce matters involving marital asset division and alimony (or other support) orders. In Trethewey, the probate and family judge treated...
Alimony Law Change: Marital Practice of Saving Can Be Factored into Alimony Award
The Massachusetts Supreme Judicial Court ("SJC") recently decided Openshaw v. Openshaw, a case that changes how we think about alimony specifically in regard to the need for support to accumulate savings. The issue in Openshaw was whether a probate and family judge...
Valuation & Division of Appreciated Property in Divorce: New Case Spans Decade
The valuation date for marital property can be a significant issue in a divorce because asset value is rarely static. Oftentimes, property appreciates after the separation or divorce process has commenced and before the divorce is final. When there are larger assets,...
Good Faith Covenant in Divorce Separation Agreements: MA Attempted Murder Case
The Massachusetts Appeals Court recently decided Rabinowitz v. Schenkman, a case with shocking facts. The parties in Rabinowitz, former spouses, executed a separation agreement, which a probate and family court judge approved and incorporated into a 2014 amended...
Valuation of Foreign Assets in Divorce: New MA Appeals Court Case
The valuation of real estate and other assets is an issue that arises in divorce--and it's often a contentious one. In a divorce, the Probate and Family Court judge needs a complete picture of the parties' assets and the assets' value to determine an equitable...
Does an Arbitrator Have the Final Say? New Massachusetts Appeals Court Case
Arbitration is a type of alternative dispute resolution. It's a way to resolve a case outside of the litigation process. Through arbitration, a third-party neutral (the arbitrator) decides specific issues in a case, or the entire case, after considering evidence,...
Is the Prenuptial Agreement Enforceable? New Case
A prenuptial agreement can eliminate much of the guesswork from the divorce process and save divorcing spouses time and money. Also known as an "antenuptial agreement" or a "prenup," it is a written contract engaged couples sign prior to marriage that clearly outlines...