Massachusetts Divorce and Family Law Blog
Divorce & Family Law Answers from Experienced Attorneys
Desertion as Grounds for Divorce
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...
Future Income and Property Acquisition in Dividing Marital Property
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...
Changing a Child’s Last Name
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...
I’ve Been Served with Divorce Papers…Now What?
If you have been served with divorce papers, your spouse has filed for divorce. The case is in Massachusetts Probate and Family Court. You have several options for the next steps in the case. Consider the following options: You may file an Answer to your spouse’s...
Federal Servicemembers’ Civil Relief Act
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...
Expunging a Protective Order: New Case Law
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,...
Acknowledgment of Paternity: How Does It Work?
Larry and Lakshmi are the parents of Tom, a child who was born out of wedlock. Larry wants to acknowledge that he is Tom’s father. What steps does Larry need to take to acknowledge paternity in Massachusetts? The most common method to establish parentage is voluntary...
Criminal Penalties for Abandonment
Criminal abandonment charges apply when someone intentionally or negligently refuses to care for an immediate family member. This includes a spouse, child, or parent. Several Massachusetts statutes address criminal abandonment and the legal consequences tied to this...
Start of Durational Alimony
The court will order alimony payments for a specific duration. This period defines how long the payments will continue. What is the starting point for durational alimony payments when awarded years after a divorce decree? Does the durational period begin to run at the...
Exchanging Financial Information During a Divorce
Olivia and Oscar are going through a contentious divorce in the Massachusetts Probate and Family Court. They are facing issues exchanging financial information. Oscar is a partner in an accounting firm which is local and privately held. Olivia’s attorney requested...