Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Open Adoption Agreements
In a recent case, the Massachusetts Appeals Court discussed open adoption agreements. Specifically, it looked at the enforcement of clauses in agreements at the sole discretion of the adoptive parents. Background: In the case at hand, the adoptive parents adopted two...
Adultery as Grounds for Divorce
Adultery is one of the most distressing and devastating challenges to any marriage. Although some marriages survive the stressful impact of one spouse’s unfaithfulness, others simply cannot. Sometimes a party files for divorce because of a spouse's infidelity. In that...
2017 Massachusetts Child Support Guidelines
As we discussed in a previous post, the 2017 Massachusetts Child Support Guidelines, effective September 15, 2017, made significant changes from the 2013 Guidelines in how parenting time affects a child support order, how health/vision/dental insurance is accounted...
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,...