Divorce and Family Law Blog
Written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
De Facto Parents – Massachusetts Parentage Act
As of January 1, 2025, the updated Massachusetts Parentage Act (MPA) brings crucial legal protections for children and families. The law now ensures that all children, regardless of their family's formation, receive equal treatment. Since the original enactment of...
International Parental Kidnapping Prevention Tips
When custody disputes arise, few scenarios provoke more anxiety than the prospect of one parent taking a child abroad and failing to return. While parental kidnapping may occur domestically, international parental kidnapping is a significantly more complex issue....
Declaratory Judgments and Obtaining Dual Citizenship
For many, the notion of dual citizenship evokes a sense of belonging to two worlds. It provides a tether to a cultural past that might otherwise feel distant. Some countries extend this opportunity through a principle known as jure sanguinis—“by descent”—which grants...
Wedding Is Off! Who Gets the Engagement Ring?
Who keeps the engagement ring if a couple calls off the wedding? Does it matter who's at fault? For sixty-five years, Massachusetts courts have said that the person who gave the ring could get it back following a broken engagement if they weren't at fault for the...
Deviating from the Durational Limits on Alimony: New Case
In the Massachusetts Appeals Court case, S.S. v. S.S., Turco Legal partner Maureen Booth successfully argued that the Probate and Family Court erred in deviating from the presumptive durational limits on alimony during a divorce proceeding. Finding a deviation was...
The “Double Dip” Problem: New Alimony and Asset Division Case
A new Massachusetts Appeals Court case, Michael A. Trethewey v. Rosalia F. Trethewey, highlights the risk of “double dipping” in divorce matters involving marital asset division and alimony (or other support) orders. In Trethewey, the probate and family judge treated...
Alimony Law Change: Marital Practice of Saving Can Be Factored into Alimony Award
The Massachusetts Supreme Judicial Court ("SJC") recently decided Openshaw v. Openshaw, a case that changes how we think about alimony specifically in regard to the need for support to accumulate savings. The issue in Openshaw was whether a probate and family judge...
Valuation & Division of Appreciated Property in Divorce: New Case Spans Decade
The valuation date for marital property can be a significant issue in a divorce because asset value is rarely static. Oftentimes, property appreciates after the separation or divorce process has commenced and before the divorce is final. When there are larger assets,...
Good Faith Covenant in Divorce Separation Agreements: MA Attempted Murder Case
The Massachusetts Appeals Court recently decided Rabinowitz v. Schenkman, a case with shocking facts. The parties in Rabinowitz, former spouses, executed a separation agreement, which a probate and family court judge approved and incorporated into a 2014 amended...
Valuation of Foreign Assets in Divorce: New MA Appeals Court Case
The valuation of real estate and other assets is an issue that arises in divorce--and it's often a contentious one. In a divorce, the Probate and Family Court judge needs a complete picture of the parties' assets and the assets' value to determine an equitable...