Massachusetts Divorce and Family Law Blog
Divorce & Family Law Answers from Experienced Attorneys
Grandparent’s Guardianship Petition
A recent Massachusetts appellate case discusses a grandparent's guardianship petition. In this case, a grandmother sought guardianship of her two minor grandchildren. The Appeals Court had to review whether it could offer any relief in this case. Here, the children...
Retroactive Alimony Modification: New Case Law
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...
Attorney Liens in Massachusetts
Attorney’s fees can take a number of different forms, from flat fees to hourly fees, depending on the case involved. In some cases, a specific lien against the proceeds in a client’s case -- known as an attorney's lien -- can secure the attorney's fees. Attorney liens...
Restraining Order for Past Sexual Abuse
A recent case discusses the issue of whether someone can get a restraining order against a perpetrator for past sexual abuse. The plaintiff and defendant in the case, Yahna Y. v. Sylvester S., are first cousins. The defendant is a couple of years older than the...
Alimony and Retirement: What Say the Courts?
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...
Co-Parenting Tips During the Coronavirus Pandemic
Being a parent is not easy, especially now, during the Coronavirus pandemic. You may find it difficult to home-school kids while working from home or to explain world events to your kids in an age-appropriate way. It may be hard to soothe anxieties—your own and those...
Post-Adoption Visitation Rights for Biological Parents
After a court terminates a parent’s rights and grants an adoption of the minor child, does the biological parent have a right to post-adoption visitation with the child? A recent appellate case explores this issue. Case: Adoption of Oren Facts In the case,...
Foster Care and DCF Liability for Negligence
Most cases dealing with foster care fall under the umbrella of family law or juvenile law. One recent case, however, addressed foster care in the context of tort law. Namely, may a foster family sue the Department of Children and Families (DCF) after one of its family...
Considering Past Abuse in Custody Modifications
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...
Third Party Discovery in Divorce Cases
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...