Divorce and Family Law Blog
Written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
Do We Need Lawyers for a Prenuptial Agreement?
Generally, in order for an antenuptial agreement (also known as a prenuptial agreement) to be considered valid and enforceable in Massachusetts, the agreement must meet the following elements: it must be in writing; signed by the parties; signed voluntarily and under...
2017 Massachusetts Child Support Guidelines
The 2017 Massachusetts Child Support Guidelines have just come out and, whether you are an attorney handling these cases or a party paying or receiving child support, it’s worth diving deep on this particular issue. Start here with our first deep dive into the new guidelines.
Retroactive Modification of Child Support Payments
Is the retroactive modification of child support payments a possibility in Massachusetts? Say, for example, that a payor party’s income increases. The receiving party does not file for modification right away--perhaps because she does not know of the increase in...
Impotence as Grounds for Divorce in Massachusetts
A touchy subject to discuss, but one which becomes an issue from time to time, is the subject of impotence as grounds for divorce. In Massachusetts, a spouse may choose to request either an annulment or a fault-based divorce on the grounds of the other party’s...
Durational Limits on Alimony Obligations are Constitutional
In 2011, the Massachusetts Legislature passed the Alimony Reform Act, making significant changes to laws concerning alimony in the Commonwealth. Among those changes were durational limits imposed on alimony obligations from marriages that lasted fewer than twenty...
Recovery of Damages in Cohabitation Cases
May a party recover damages from a former romantic partner with whom the party cohabited, where the party contributed significantly to the improvement of the common home? Say, for example, that two people live together but never marry. One of them happens to be in the...
The Standard of Proof in Civil Contempt Cases
How do civil contempt cases work? What is the standard of proof? In other words, what must the plaintiff prove in order to prevail in a contempt action? Example 1: Kyle is divorced and has primary custody of his two children. Kyle is concerned that his former spouse,...
What Constitutes Domestic Abuse in Massachusetts?
According to the applicable statute, domestic abuse is defined in Massachusetts to include three different types of actions. [1] First, attempting to cause or causing physical harm constitutes domestic abuse. Actions such as punching, hitting, or kicking another...
Imputed Income in Unfortunate Circumstances
Under some circumstances, there may be income imputed to a party for purposes of calculating alimony and child support. For example, what if a party voluntarily changes careers to a less lucrative one or takes an early retirement? The court may impute income to that...
Intellectual Property Counts As Marital Property During Divorce
In what ways is intellectual property important during a divorce? Is it something that may be divided by the court between the parties? Intellectual property and domestic relations: Intellectual property includes patents, trademarks, copyrights, trade secrets, and...