As a general matter, in order for a court to issue a judgment or order, the court must have the legal authority to do so, known as jurisdiction. There are two types of jurisdiction a court must have. First, a court must have jurisdiction over the people involved in...
In a recent case, the Massachusetts Appeals Court considered whether a workers' compensation settlement constituted marital property in a divorce. During a divorce, the court divides the property of the spouses' in an equitable manner. Simply, equitable means fair --...
In a new case, the Massachusetts Supreme Judicial Court addresses the important constitutional safeguards a defendant must receive in a child support contempt matter. Case Facts The parties in the case, Department of Revenue Child Support Enforcement v....
During a divorce, the court divides the parties’ property in an equitable manner. In order to do so, the parties must truthfully disclose to each other their assets and liabilities. What happens when one spouse is dishonest, or even fraudulent, in his or her...
Regarding equitable distribution of the marital estate in a divorce, does federal law preempt a Massachusetts judge from dividing a spouse's federal veterans disability benefits? The Massachusetts Appeals Court decided that question in a recent case. Facts of...
New laws typically do not apply retroactively to cases that have come before its passage. Retroactive application arose recently in the context of juvenile delinquency law by the Supreme Judicial Court of Massachusetts. New juvenile delinquency law At the center of...
As family law attorneys, we increasingly observe issues of mental health in family law cases. One area in which the law of domestic relations and issues of mental health intersect is that of guardianship and the involuntary commitment of individuals to a hospital or...
As divorce attorneys, we stay aware of cases where family law intersects with other legal areas, including tort law. A recent case addressed an issue of legal malpractice that stemmed from a prenuptial agreement. Background: In the case Greenspun v. Boghosian, the...
You file a petition for divorce and work through the divorce process. Then, after the judge issues the judgement, you seek to appeal an aspect of your divorce. You realize that an appeal of a divorce judgment does not stop the required ninety day period. It also does...
What if a party in a family law proceeding is unable to testify at trial or a hearing in person? Should the court permit him or her to testify through the use of video or telephone? The Massachusetts Appeals Court addressed this issue in a recent case. Background: In...