Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
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...
Anti-SLAPP Statute and Restraining Orders
Is the recipient of a restraining order protected by the anti-SLAPP statute when she contacts the police to report a possible violation? What happens if no violation occurs and charges are filed erroneously, only to be dismissed later? In a recent case, the...
Spouse’s Waiver of Estate Claim by Agreement
Tim and Terri are getting married, and Terri has two children from a previous marriage. Terri would like her estate, upon her death, to pass to her kids, rather than to Tim and his family. She wants to know whether she and Tim could sign a waiver or contract to this...
Right to a Lawyer for an Indigent Guardian
Is an indigent guardian or de facto parent whose guardianship of a child is subject to removal entitled to legal counsel? The Massachusetts Supreme Judicial Court recently addressed this issue. Guardianship of K.N. addressed the case of a child born to a 15-year-old...
Granting Property While Reserving a Power of Appointment
In a recent case, the Massachusetts Appeals Court reviewed whether a testator may grant property while reserving to herself a power of appointment over the same property. Background: Skye v. Hession involved a testator who granted her home to her three daughters and...
Divorce on Grounds of Cruel and Abusive Treatment
Which scenarios may lead to divorce based on cruel and abusive treatment as the fault ground? 1. A husband falsely accuses his wife of affairs with patients and previously threatened to slash her. 2. A wife calls her husband vile names and berates him in front of...
Affidavits of Care and Custody in Massachusetts
What is an affidavit of care and custody, and when does a party need to file one? Filing: The short answer to the latter part of that question: a party needs to file this document whenever there is a proceeding involving the care or custody of a child. In addition to...
Divorce Property Assignment Factors
Sam and Sally are going through a divorce. For years, Sam worked outside of the home while Sally stayed home to care for the couple’s children. Sam was responsible for the acquisition of most of the couple’s property. He now wonders whether the court will consider his...
Is Parental Consent Needed in an Adoption Case?
Typically, written consent of certain parties is required before an adoption may take place; the requirements are set forth in Massachusetts General Laws, chapter 210, section 2. If the child in question is over the age of 12, consent by the child is also necessary....
Desertion as Grounds for Divorce
Dean and Doreen are married. However, they have not lived together since Dean left their marital home in Massachusetts. He left about two years ago and moved out of state. Massachusetts recognizes no-fault divorce. A party only needs to claim an irretrievable...