Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Marital Confidentiality: Testimonial Privilege and the Spousal Disqualification Rule
Spousal privilege. Marital conversation disqualification. Marital confidentiality. Spousal immunity. Folks use this mishmash of legal terms interchangeably and wrongly. Based on movies and other popular culture, people have a vague notion about what spouses can or...
Letters Rogatory: A Valuable Discovery Tool in Divorce
Letters rogatory are a useful means divorce attorneys use to access offshore information. They can also secure a witness’ testimony in another state or foreign country. This post examines how letters rogatory can be an effective discovery device in a family law...
Turco Legal Trivia Answers
Wednesday, January 22: Which U.S. presidents divorced before taking office? President Donald Trump and former president Ronald Reagan were both divorced before taking office. Former president Ronald Reagan was the United States’ first divorced president. Reagan and...
Protecting Disabled Parents’ Custody Rights
Disabled parents often face an uneven playing field advancing their rights in child custody disputes. Massachusetts lawmakers last week heard advocates for disabled parents' rights. They appeared to testify to endorse a proposed law protecting against such...
Involuntary Commitment to a Mental Health Institution
As family law attorneys, we increasingly observe issues of mental health in family law cases. One area in which the law of domestic relations and issues of mental health intersect is that of guardianship and the involuntary commitment of individuals to a hospital or...
Prenuptial Agreement Drafts and Legal Malpractice
As divorce attorneys, we stay aware of cases where family law intersects with other legal areas, including tort law. A recent case addressed an issue of legal malpractice that stemmed from a prenuptial agreement. Background: In the case Greenspun v. Boghosian, the...
Forensic Accountants: What Are They, and Should You Hire One?
A wife or husband in the process of a divorce will engage a forensic accountant, broadly speaking, to find all of the marriage’s assets and liabilities and to organize these into a clear, accurate presentation. Thus, the decision on whether to hire a forensic...
Business Divide: Valuing Small Companies
Family lawyers want a fair distribution of marital property for their divorce clients. Valuation of a spouse's small business poses a challenge to achieve that goal. This post addresses how forensic accountants put a price tag on a small business for marital property...
How Real is the ‘Real Advantage’ Test?
By statute, both divorced parents must consent to their minor child moving out of the Commonwealth. The minor must be a Massachusetts native or a minimum five-year resident over whom a Massachusetts probate court has jurisdiction. Unless the probate court “upon cause...
Assets: A Terrible Thing to Waste
When it comes to dividing marital property in a divorce settlement, probate courts adhere to the adage, “waste not, want not.” Dissipation of assets involves a spouse in the throes of divorce, separation or annulment disposing. The spouse hides or shifts marital...