Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Follow the Money: Hiding Business Assets in Divorce
Earnings of small business owners are marital property. To avoid equitable distribution of their business assets upon divorce, some spouses try to hide money. This post shows how business owners shield assets. Also, the post examines how divorce lawyers and forensic...
When can I appeal my divorce and what do I need to prove to win?
You file a petition for divorce and work through the divorce process. Then, after the judge issues the judgement, you seek to appeal an aspect of your divorce. You realize that an appeal of a divorce judgment does not stop the required ninety day period. It also does...
Duration of Alimony Payments in Instances of Economic Marital Partnerships
Typically, the Massachusetts Probate and Family Courts look to the marriage duration to determine the duration of alimony payments. The Alimony Reform Act of 2011 put in place specific calculations on alimony duration. Courts are reluctant to veer away from those...
Guardianship versus Adoption
Caregiver, guardian and adoptive parent are terms in the lexicon describing adults who oversee the welfare of minor children. Each status, however, imparts different levels of responsibility for the minor’s well-being and varying degrees of court involvement. The...
Termination of Permanent Restraining Orders
At what point is it possible to terminate a permanent abuse prevention order issued pursuant to Massachusetts General Laws chapter 209A? What qualifies as a significant change of circumstances for termination? The Massachusetts Appeals Court recently addressed these...
Deportation and the Termination of Parental Rights: New Case Law
Although family law is its own unique area of law, it often intersects with other parts of the legal field. One example is immigration law. In a recent case, Adoption of Posy, the Massachusetts Appeals Court decided whether the parental rights of an immigrant father,...
Victory in a New Online Harassment Case
In a recent case, the Massachusetts Supreme Judicial Court addressed the issue of a civil harassment prevention order. A high school student uploaded to social media a rap song, in which he made threats against fellow students. The Background The parties in the case,...
How does Domestic Abuse affect Child Custody?
Warning: Themes of domestic abuse. Jacob and Leah are 7-year old twins. Their parents, Jeff and Hannah, were married for eight years before finally deciding to pursue a separation and ultimately a divorce. The relationship between Jeff and Hannah was tumultuous. For...
Massachusetts Divorce Filing Requirements
Imagine: Five years ago, you married your spouse in Massachusetts. During this time, you had two children, shared a marital home, had a business together, and shared countless other assets. You have decided on filing for divorce, but things have gotten a bit...
Spousal Disinheritance
"Spousal disinheritance” refers to a person's ability to draft a will which leaves nothing to the spouse upon death. Massachusetts does not completely recognize this doctrine. That is to say, a person cannot entirely disinherit his or her spouse, whether by design or...