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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...
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...
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...
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...
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...
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...
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...
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...
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...
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...