Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Pending Criminal Case and Civil Restraining Order
Although civil and criminal cases involve some different processes and procedures, sometimes there is overlap between the two. One example deals with civil restraining orders. A party who is a victim of abuse may be able to seek a protective order in civil court....
Misrepresentation in Disclosing Marital Assets
During a divorce, the court divides the parties’ marital property in an equitable manner. In order to do so, the parties must truthfully disclose their assets and liabilities. But, what if they don’t? What if there is a misrepresentation in disclosing marital assets?...
Court Jurisdiction Over a Child Custody Case
As a general matter, in order for a court to issue a judgment or order, the court must have the legal authority to do so, known as jurisdiction. There are two types of jurisdiction a court must have. First, a court must have jurisdiction over the people involved in...
Workers’ Compensation Settlement as Marital Property
In a recent case, the Massachusetts Appeals Court considered whether a workers' compensation settlement constituted marital property in a divorce. During a divorce, the court divides the property of the spouses' in an equitable manner. Simply, equitable means fair --...
Safeguards in Child Support Contempt Cases
In a new case, the Massachusetts Supreme Judicial Court addresses the important constitutional safeguards a defendant must receive in a child support contempt matter. Case Facts The parties in the case, Department of Revenue Child Support Enforcement v....
Suing to Recover Hidden Assets in Divorce
During a divorce, the court divides the parties’ property in an equitable manner. In order to do so, the parties must truthfully disclose to each other their assets and liabilities. What happens when one spouse is dishonest, or even fraudulent, in his or her...
Gestational Surrogacy Jurisdiction
Does the Massachusetts Probate and Family Court have jurisdiction over a case involving a Massachusetts gestational carrier if the biological father lives outside the United States with the child? That was the issue the Massachusetts Supreme Judicial Court recently...
Federal Veterans Disability Benefits in Divorce
Regarding equitable distribution of the marital estate in a divorce, does federal law preempt a Massachusetts judge from dividing a spouse's federal veterans disability benefits? The Massachusetts Appeals Court decided that question in a recent case. Facts of...
Nondisparagement Order and Free Speech
A recent Massachusetts Supreme Judicial Court case discusses an important issue at the intersection of family law and the First Amendment -- a nondisparagement order. In custody cases, can a court issue an order that compels the parents not to disparage each other?...
Durational Limits for Alimony
In recent years, litigants have tested the new Massachusetts alimony laws in the state’s appellate courts numerous times. One of the most highly contested issues deals with the durational limits for alimony. With the Alimony Reform Act of 2011 came the implementation...