Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
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...
Medical Treatment for Co-Parented Children
Deciding on medical treatment is a tough decision for most people. It becomes even more difficult if the treatment is for a loved one. For any parent, there is nothing more terrifying and painful than the feeling that you cannot help your child. This is compounded if...
Child Custody for Unmarried Parents
Raising a child as an unmarried couple can be difficult. However, the state of Massachusetts has guidelines on how to navigate child custody issues. Some legal issues that unmarried couples will have to consider are: establishing paternity, child support, and...
Termination of Parental Rights Attorney
In a recent decision, Adoption of Ulrich, the Massachusetts Appeals Court addressed the termination of parental rights of a mother of five children, along with the mother’s entitlement to effective assistance of counsel. Background: The mother in this case had a...
Parental Rights of Custodial Parent Rights
In Massachusetts, when a parent separates their partner, they may not agree about how they will handle the various circumstances that arise when raising their child. Because of this, either party (or both) parties may ask a Massachusetts judge to write an order asking...
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...