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