Condonation

Condonation, along with connivance, collusion and recrimination, are affirmative defenses to a fault claim for divorce. These defenses were commonplace in England’s ecclesiastical courts[1]. They are infrequently asserted in Massachusetts divorce cases, however, and...

Absent Parents and Termination of Rights

A judge may draw a negative inference from a parent’s absence and find that the parent is unfit. This thus terminates parental rights, according to a recent decision of the Massachusetts Appeals Court. Background: In Adoption of Talik, the Court terminated parental...

Alimony Modification and the Emancipation

A recent Massachusetts case addressed the issue of alimony modification where the event triggering a material change of circumstances was the emancipation of a child. Background: In Flor v. Flor, the parties’ divorce judgment ordered the husband to pay the wife child...