Massachusetts Divorce and Family Law Blog
Divorce & Family Law Answers from Experienced Attorneys
When is a Child’s Preference Considered in a Custody Case?
Tim is twelve. His parents are getting a divorce. He is coping well but is concerned about living with his mother. Tim prefers staying with his father, who lives near his school. While he loves his mother, he doesn’t want to live with her daily. When will a child's...
Deviating from Alimony End Dates
Is "Lifetime Alimony” truly dead in Massachusetts? The Alimony Reform Act became effective on March 1, 2012. It allows modifying alimony based on material changes in circumstances. The Act set presumptive termination dates for marriages under 20 years. For example,...
Are Personal Injury Judgments Up for Grabs in Divorce Proceedings?
Joe and James are undergoing a divorce. Joe previously suffered an accident in which he lost his leg. James supported Joe after the accident. He provided financial, emotional, and physical help when Joe became disabled and unable to work. Joe brought suit for damages...
I Wanted Kids. I Had No Idea That My Partner Couldn’t Have Any. Do I Have Any Recourse?
Suppose that a partner in a committed relationship (but not marriage) wants to have children. The other partner undergoes surgery that prevents them from having children in the future. However, they neglect to inform their partner. This leaves the partner under the...
Employability of Parties in Alimony Calculation
Peter and Polly married twenty years ago. At that time, both felt optimistic about each other's employability. Peter was a graduate student, and Polly was a secretary. Polly supported Peter during his Ph.D. in Economics, being the sole breadwinner for the first four...
Are Marital Liabilities and Debts Considered in Division of Property and Alimony?
Ken and Kora are going through a divorce in Massachusetts. They were married for a short time. During the marriage, Ken racked up substantial credit card debt. Ken and Kora both work full-time, but Kora makes significantly less money than Ken. She worries about the...
Primary Caretakers and Custody Issues
Nancy and Nick are married. However, they are living separately. She lives in the marital home with the couple’s daughter, Nicole, who is nine years old. Nancy has been Nicole’s primary caretaker since Nicole was born. Nancy believes she is automatically entitled to...
“Station in Life” In Dividing Marital Property
Audra and Adam, married for fifteen years. In that time, Audra has supported Adam while he finished medical school, underwent a medical residency, and established his practice. Audra also took care of the couple’s children. The couple enjoyed a comfortable lifestyle...
Does “Common Law Marriage” Exist in Massachusetts?
Understanding Common Law Marriage in the U.S. You may have heard the term "common law marriage." It refers to a relationship where two adults cohabit long enough to be legally recognized as married. The U.S. Supreme Court held as early as 1877 that a such a marriage...
What are Void and Voidable Marriages?
A wedding may be the happiest day of one’s life; however, in some cases, the wedding day might not lead to a valid marriage. In fact, some marriages are voidable. Moreover, They can be annulled under certain circumstances. According to the courts' well-established...