Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
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...
Real Estate Experts During Divorce
As the saying goes, one’s home is one’s castle. During a divorce, one’s home is also often the most valuable piece of property that is up for division. But, in what circumstances are real estate experts, like an appraiser, necessary in the divorce process? The...
Mental Health Issues and Custody: Does Being on Medication Hurt My Chances of Getting Custody of My Kids?
Generally, the court will consider matters of custody by examining what is in the best interests of the child. The best interests of the child standard includes many factors. The court evaluates all relevant factors when making custody orders. It weighs each factor...
De Facto Parents and Visitation Rights
Holly and Hannah are going through a divorce. Hannah’s twelve-year-old son, Kyle, has known Holly since he was a toddler. Holly has never formally adopted Kyle, and her name isn't on his birth certificate. However, she loves him as her own child. Holly has also spent...
Valuing Stock Options for Property Division
Jane and Jonas are getting a divorce after fifteen years of marriage. Jane, an engineer, receives a substantial annual bonus in stock options. Her company uses them as an incentive to retain good employees. Jane wonders whether the court will consider these stock...
Valuing Stocks and Bonds for Property Division
Gene and Gerri are in the middle of a contentious divorce case. Gerri knows Gene bought valuable stocks using money from their joint bank accounts during their marriage. The portfolio is in Gene's name. Gerri wants to know if she can ask the Court to transfer some...
Harassment Orders in the Commonwealth of Massachusetts
The following is a test. If you are a divorce lawyer, family law attorney, or someone seeking or opposing a protection order, this is particularly relevant to you. Which of these scenarios might be appropriate for an order of protection from harassment, also known as...
Supervised or Restricted Visitation
Generally, both parents have the right to visit and spend time with their children. This right is well established. Absent misconduct or other pressing issues, the Courts will grant each parent visitation rights and order that they may spend time with their children....