Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Testimony in Care and Protection Cases
In care and protection cases, the court looks at important pieces of evidence to decide issues of custody and visitation. One example of significant evidence in care and protection cases is the testimony, notes, and assessment of the social worker assigned the case....
Subject Matter Jurisdiction Over Protective Orders
Does the District Court have subject matter jurisdiction over the issuance of protective orders, particularly where they are issued ex parte, meaning without the defendant present in court? The Massachusetts Appeals Court looked at this question in a recent case. A...
Marijuana and Families: how does this roll out in Massachusetts?
Now that recreational marijuana is legal in Massachusetts, a burning question exists: how does use of marijuana affect custody issues? If one spouse uses marijuana during a divorce, for example, how does the Massachusetts Probate and Family Court determine child...
Business, Pension, and Inheritance in Divorce
Marital property is often at the center of contention in a divorce case. Among the many types of property that may be considered part of the marital estate are retirement accounts and pension plans, business assets, and inheritance assets—and these assets are often...
Reimbursement Alimony in Massachusetts
In Massachusetts, judges of the Probate and Family Court may award alimony to one of the spouses during the divorce process. Alimony is payment by one former spouse towards the maintenance of the other spouse. Under the Massachusetts alimony law, there are four types...
New Case Law Addresses Ex Parte Protective Order
A protective order, sometimes also referred to as a restraining order, serves to protect a victim of domestic abuse which is perpetrated by a member or former member of the victim’s household. It may also serve to protect a victim from abuse or violence perpetrated by...
Financial Errors During a Divorce Proceeding
Divorce can inevitably become a very stressful period in a person’s life. As emotions run high and become all-consuming, many parties do not realize that financial mistakes can be made during a divorce. This article will discuss some of the financial errors your...
Emancipation of Children and ROTC: New Massachusetts Case Law
When it comes to emancipation of children for purposes of child support, does joining the Reserve Officer Training Corps (ROTC) in college equate to joining the Armed Forces? The Massachusetts Appeals Court addressed this issue in a recent decision. Background...
Emergency Housing of Families in Massachusetts
When a family is experiencing an emergency, few things could be worse than being unable to stay in the comfort of one’s own home. Unfortunately, this is a reality for many families. Just recently, the Merrimack Valley experienced devastating gas explosions which...
IRA Accounts and Romantic Partners
As divorce attorneys, we often see litigation and settlement questions regarding individual retirement accounts (IRAs). A pension plan, IRA, or other type of account is considered marital property for purposes of distribution during a divorce. New questions may arise,...