Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Keeping Children from Third Parties
Leila and Liam divorced. They share physical custody of their two children. Liam has a new girlfriend who has moved in with him. Leila disapproves of their living arrangements, which she claims are against her moral beliefs. She wants to know whether she can prevent...
Pretrial Conferences in Divorce Cases
Anyone undergoing a divorce in Massachusetts likely has heard the term “pretrial conference.” The Standing Orders of the Probate and Family Court require a pretrial conference in all divorce cases. Rule 16 of the Massachusetts Rules of Domestic Relations Procedure...
Who May Solemnize a Massachusetts Marriage?
Heidy and Hugh, both Massachusetts residents, are getting married in Boston. They are trying to determine who can solemnize their marriage in Massachusetts as they plan their big day. Heidy’s brother, who is an ordained minister in New York, would like to perform the...
Unvested Stock Options: What Constitutes “Double-Dipping?”
Can alimony calculations include a spouse’s unvested stock options, even if they weren’t considered marital property in equitable distribution? The Massachusetts Supreme Judicial Court recently answered this question. In Ludwig v. Lamee-Ludwig, the Court said yes. [1]...
Custody and the Religion of the Parents
Alba and Andrew recently divorced after ten years of marriage. They ended their decade-long relationship. They have one child, Andy, and per the divorce decree, the share physical and legal custody. Alba is growing concerned. Andrew recently joined a religious order...
Not Married and Co-Owning Property
Darlene and Dave have been dating for a decade and cohabiting for most of that time. They bought a home a few years ago. The title was in Dave's name due to Darlene's credit history. Dave assured Darlene that they “owned the home together,” and Darlene has been...
Parents Attending Post-Termination Hearing
A biological parent whose parental rights have been terminated. Does this parent have the right to participate in a post-termination hearing regarding visitation rights? Yes, according to a recent decision by the Massachusetts Appeals Court. In Adoption of Zak, the...
Keeping Siblings Together: Does It Factor Into Custody Orders?
Tom and Ted are siblings who are one year apart. Tom and Ted's parents are divorcing and have been separated for a year. The boys stay primarily with their mother. They visit their father twice a week, including at least one overnight visit. The parents in this case...
Impact of Conduct During the Marriage on Property Division
Larry and Leah have been married for a decade, during which Leah was the main bread-winner through her job as a human resources director. Though Larry has held a string of low-paying jobs, he has not managed to hold down a job for very long, and he can’t seem to...
When is a Child’s Preference Considered in a Custody Case?
Tim is twelve. His parents are getting a divorce. He is coping well but is concerned about living with his mother. Tim prefers staying with his father, who lives near his school. While he loves his mother, he doesn’t want to live with her daily. When will a child's...