If your case requires an order sooner, file a motion for temporary orders. The judge can hear it early. Divorce trials usually take 12 to 15 months, but you can request temporary orders within the first few months. It is often necessary for cases involving custody,...
Planning for college expenses is hard enough, but it gets even more challenging for those who co-parent. Among other expenses related to the maintenance and welfare of a child during a divorce or child support proceeding, the court sometimes orders a party to pay...
Forget the sappy Hallmark ads depicting grandparental bliss. Forget the press about the important relationship forged between grandparents and grandchildren. When it comes to visitation, grandparents using the courts to assert their rights to see their grandkids face...
In Massachusetts family law in general, the importance of equity and fairness is of utmost concern. The court will review prenuptial agreements to ensure fairness and reasonableness. It will also consider whether enforcement conflicts with countervailing equities. The...
In a recent case, the Massachusetts Appeals Court discussed open adoption agreements. Specifically, it looked at the enforcement of clauses in agreements at the sole discretion of the adoptive parents. Background: In the case at hand, the adoptive parents adopted two...
Generally, in order for an antenuptial agreement (also known as a prenuptial agreement) to be considered valid and enforceable in Massachusetts, the agreement must meet the following elements: it must be in writing; signed by the parties; signed voluntarily and under...
Is the retroactive modification of child support payments a possibility in Massachusetts? Say, for example, that a payor party’s income increases. The receiving party does not file for modification right away--perhaps because she does not know of the increase in...
May a party recover damages from a former romantic partner with whom the party cohabited, where the party contributed significantly to the improvement of the common home? Say, for example, that two people live together but never marry. One of them happens to be in the...
How do civil contempt cases work? What is the standard of proof? In other words, what must the plaintiff prove in order to prevail in a contempt action? Example 1: Kyle is divorced and has primary custody of his two children. Kyle is concerned that his former spouse,...
Under some circumstances, there may be income imputed to a party for purposes of calculating alimony and child support. For example, what if a party voluntarily changes careers to a less lucrative one or takes an early retirement? The court may impute income to that...