Divorce and Family Law Blog
Written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
Sharing Custody Across Different Towns
Murray and Monique divorced a few years ago and share custody of their two minor children. The kids stay with Murray most days in one town and attend a well-reviewed school nearby. Monique lives in a different town, just five minutes away, and has generous visitation....
Pets and Divorce: Property or Something More?
There is a long line of case law that has established pets as personal property. Courts have ruled that pets are personal property in various cases. These include cases involving pet loss in accidents. Other cases involve pets potentially “inheriting” their owner’s...
Postnuptial Agreement Effectiveness
Sandra and Steve separated two years ago. Recently, they reconciled. Steve is happy to have returned to the marital home and reconnect with Sandra. However, he feels concerned. What if they separate again? Is there a way for Steve to protect his assets in case of...
Deviating from the Child Support Guidelines
The Massachusetts Uniform Child Support Guidelines determine the amount of child support in most cases. Massachusetts has well-established guidelines. They do not tolerate deviation from these guidelines, and the payor must justify any change. How much deviation...
Can My Spouse Take My Children Away from Me?
Many divorcing couples argue intensely and say regrettable things. One or both spouses may threaten the unthinkable: to take the kids. Legal custody and physical custody of children are at issue here. Physical custody refers to where the child lives or stays....
How can I make My Divorce file Private?
Massachusetts has an "open court system" for nearly every type of case. Our courtrooms and court files are open to the public. Therefore, making a divorce file private is challenging. Some types of cases, such as adoption cases, close automatically. The court also...
What’s a Restraining Order and When Do I Need One?
Emma has been going through a very difficult time. She is now considering getting a 209A protective order, known as a restraining order. Her long-time boyfriend and the father of her two children, Earl, recently lost his job. The stress of unemployment worsened the...
Case of the Week: An Order Must Issue
It's not uncommon for a hearing to occur and a judge to take a matter under advisement. That means the judge essentially wants to think about the matter before deciding what to do. Sometimes days or weeks pass before an order actually issues, but as we explain here,...
What is the role of a GAL?
In some domestic relations cases, the court may appoint a guardian ad litem (GAL). The GAL helps investigate the parties' relationship with the minor children and presents the findings to the court.The GAL might have the following roles: Conducting factual...
Making an Abuse Prevention Order Permanent
When would a judge make an abuse prevention order permanent? Can the judge extend it solely based on past abuse? The recent Massachusetts case of McIsaac v. Porter answered that question. [1] In that case, the plaintiff and defendant had dated for about six years and...