Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
What constitutes marital property in Massachusetts?
Marital property is distributed in Massachusetts divorce cases under the “equitable distribution” standard. Unlike some other states with “community property laws,” Massachusetts courts divide marital property in an equitable, or fair, manner. What is Marital...
Alimony and Gross Income Calculations
What are "gross income" tax implications of alimony payments? Alimony is court-ordered support from one spouse to another under a divorce or separation agreement. The purpose of alimony is to allow a receiving spouse to enjoy the same or similar type of lifestyle that...
Protective Order Issued Ex Parte
The recent case of C.R.S. v. J.M.S. addressed the issue of an ex parte abuse protective order. In that case, the victim of domestic violence filed a complaint for a restraining order against her partner. Her story entailed many instances of controlling behavior, along...
Social Media Posts During Divorce
Most people have at least one social media account. There are so many forms of social media available on various platforms--Facebook, Instagram, Snapchat, and Linkedin, among others. People facing a divorce often ask: does the use of social media have an impact on a...
Suitable Residence as a Custody Consideration
Kelly and Ken are divorced and share custody of their three minor children. Kelly maintains a modest but clean and safe home in a small town. Ken lives in a one-bedroom apartment. Ken’s building is pretty run-down. It is located in an area of a large city known for...
Rehabilitative Alimony
Family dynamics are complex. The members of a family unit must work hard to support their family system. In some family units, one spouse may work while the other stays home. Other families include two spouses who work. The diversity of the family unit applies to...
Full Disclosure for Prenuptial Agreements
Peter and Petra are getting married. Peter has considerable assets, including several homes, vacation homes, and checking and savings accounts. He also owns a string of rental properties from which he receives income. He deposits the rental income into an account...
Dismissing Your Divorce When You and Your Spouse Have Changed Your Minds
Let’s set the scene: you and your spouse have already filed for divorce. As you are still friendly, you plan on getting a no-fault and are awaiting your court date. As time passes, you are thinking about what is best for the both of you, your family, and your future....
Condonation
Condonation, along with connivance, collusion and recrimination, are affirmative defenses to a fault claim for divorce. These defenses were commonplace in England’s ecclesiastical courts[1]. They are infrequently asserted in Massachusetts divorce cases, however, and...
Visitation Options in Cases of Domestic Violence
Matt and Mary are going through a divorce. Matt alleges that during the marriage, Mary had engaged in a repeated pattern of physical and verbal abuse toward him. The couple had two children together, and the children live with Matt. Both parties want to know whether...