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...
A recent Massachusetts Supreme Judicial Court case discusses an important issue at the intersection of family law and the First Amendment -- a nondisparagement order. In custody cases, can a court issue an order that compels the parents not to disparage each other?...
Generally, alimony payments are modifiable if one of the parties encounters a material change in circumstances. A new Massachusetts case deals with an interesting change regarding a retroactive alimony modification. This case involves one party serving a prison...
Alimony is support paid by one spouse, known as the payor, towards the maintenance of the other spouse, known as the payee. In many cases, alimony terminates after a specific period of time, based on the length of the marriage. In some cases, however, it terminates...
Massachusetts child custody cases are decided based on the “best interests of the child” standard. This standard takes many different factors into consideration. Under Massachusetts General Laws, chapter 208, section 31A, in a proceeding granting temporary or...
When dividing a marital estate or resolving custody issues in a divorce, one expects the spouses to seek financial information and evidence of one another’s conduct during the marriage. Sometimes, however, painting a complete picture of a spouse’s financial worth and...
Grandparents are often some of the most influential extended family members during a minor’s childhood. In some cases, grandparent involvement in the lives of their grandchildren is limited by the parents. This is particularly true where the parents separate or...
Certain marriages that are unlawful in Massachusetts are subject to annulment by court order. Annulment also describes a church tribunal proceeding that challenges a marriage’s validity under Catholic law. This post reviews the differences between state court civil...
A couple’s hostile, emotionally charged separation or divorce can trigger the dark response of one partner stalking the mate. Stalking and harassment involves physically following an individual. However, menacing stalking behavior also can occur in cyberspace. The...
All 50 states allow same-sex adoption provided one member of the couple is already the child's birth or adoptive parent. Massachusetts allows second-parent or co-parent adoptions for unmarried couples. Same-sex or opposite-sex married or unmarried couples under...