Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
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...
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...