Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
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...
Future Income and Property Acquisition in Dividing Marital Property
Zelda and Zack have been married for ten years and are undergoing a divorce. Zack recently found out two things. First, Zelda has won a professional award which will likely allow her to increase her income substantially in the future. Second, Zelda is likely to come...
Changing a Child’s Last Name
Typically, a child born into a valid marriage receives the husband's last name. In Massachusetts, the husband is presumed to be the father. There is, however, no law in place that requires the parents to give their child the father’s last name. Massachusetts Supreme...
I’ve Been Served with Divorce Papers…Now What?
If you have been served with divorce papers, your spouse has filed for divorce. The case is in Massachusetts Probate and Family Court. You have several options for the next steps in the case. Consider the following options: You may file an Answer to your spouse’s...
Federal Servicemembers’ Civil Relief Act
In a divorce action between spouses, special procedural rules apply if one or both spouses are military members. The Federal Servicemembers’ Civil Relief Act (SCRA) entitles active military personnel to a continuance in any action. This includes divorce or custody...
Expunging a Protective Order: New Case Law
The Massachusetts Appeals Court recently addressed under what circumstances a court might erase a protective order once issued. Overview of the Case: J.S.H. v. J.S. The case of J.S.H. v. J.S. involved a harassment prevention order under Massachusetts General Laws,...