In what ways is intellectual property important during a divorce? Is it something that may be divided by the court between the parties? Intellectual property and domestic relations: Intellectual property includes patents, trademarks, copyrights, trade secrets, and...
Is the recipient of a restraining order protected by the anti-SLAPP statute when she contacts the police to report a possible violation? What happens if no violation occurs and charges are filed erroneously, only to be dismissed later? In a recent case, the...
Tim and Terri are getting married, and Terri has two children from a previous marriage. Terri would like her estate, upon her death, to pass to her kids, rather than to Tim and his family. She wants to know whether she and Tim could sign a waiver or contract to this...
In a recent case, the Massachusetts Appeals Court reviewed whether a testator may grant property while reserving to herself a power of appointment over the same property. Background: Skye v. Hession involved a testator who granted her home to her three daughters and...
Zelda and Zack have been married for ten years and are undergoing a divorce. Zack recently found out two things. First, Zelda has won a professional award which will likely allow her to increase her income substantially in the future. Second, Zelda is likely to come...
Typically, a child born into a valid marriage receives the husband's last name. In Massachusetts, the husband is presumed to be the father. There is, however, no law in place that requires the parents to give their child the father’s last name. Massachusetts Supreme...
In a divorce action between spouses, special procedural rules apply if one or both spouses are military members. The Federal Servicemembers’ Civil Relief Act (SCRA) entitles active military personnel to a continuance in any action. This includes divorce or custody...
The Massachusetts Appeals Court recently addressed under what circumstances a court might erase a protective order once issued. Overview of the Case: J.S.H. v. J.S. The case of J.S.H. v. J.S. involved a harassment prevention order under Massachusetts General Laws,...
Leila and Liam divorced. They share physical custody of their two children. Liam has a new girlfriend who has moved in with him. Leila disapproves of their living arrangements, which she claims are against her moral beliefs. She wants to know whether she can prevent...
Alba and Andrew recently divorced after ten years of marriage. They ended their decade-long relationship. They have one child, Andy, and per the divorce decree, the share physical and legal custody. Alba is growing concerned. Andrew recently joined a religious order...