How does one value a share in a partnership in a divorce? How are professional practices valued in a divorce? People facing a divorce are often concerned about their financial futures. One such financial concern regards the valuation of shares in a partnership during...
Jack and Jen married in Massachusetts and lived together as husband and wife for four years. During this time they had one child, Jonah. Jen has left the marital home on her own. Jack wants to file for divorce, and he also wants custody of Jonah and wants Jen to pay...
During the divorce process, most parties want to ensure that the end of the marriage won’t result in the end of their preferred lifestyle. How are cars treated during property division? How are other personal items of value, such as jewelry and antiques valued in a...
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...
Adultery is one of the most distressing and devastating challenges to any marriage. Although some marriages survive the stressful impact of one spouse’s unfaithfulness, others simply cannot. Sometimes a party files for divorce because of a spouse's infidelity. In that...
A touchy subject to discuss, but one which becomes an issue from time to time, is the subject of impotence as grounds for divorce. In Massachusetts, a spouse may choose to request either an annulment or a fault-based divorce on the grounds of the other party’s...
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,...
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...
Which scenarios may lead to divorce based on cruel and abusive treatment as the fault ground? 1. A husband falsely accuses his wife of affairs with patients and previously threatened to slash her. 2. A wife calls her husband vile names and berates him in front of...
Dean and Doreen are married. However, they have not lived together since Dean left their marital home in Massachusetts. He left about two years ago and moved out of state. Massachusetts recognizes no-fault divorce. A party only needs to claim an irretrievable...