Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Restraining Order for Past Sexual Abuse
A recent case discusses the issue of whether someone can get a restraining order against a perpetrator for past sexual abuse. The plaintiff and defendant in the case, Yahna Y. v. Sylvester S., are first cousins. The defendant is a couple of years older than the...
Alimony and Retirement: What Say the Courts?
Alimony is support paid by one spouse, known as the payor, towards the maintenance of the other spouse, known as the payee. In many cases, alimony terminates after a specific period of time, based on the length of the marriage. In some cases, however, it terminates...
Co-Parenting Tips During the Coronavirus Pandemic
Being a parent is not easy, especially now, during the Coronavirus pandemic. You may find it difficult to home-school kids while working from home or to explain world events to your kids in an age-appropriate way. It may be hard to soothe anxieties—your own and those...
Post-Adoption Visitation Rights for Biological Parents
After a court terminates a parent’s rights and grants an adoption of the minor child, does the biological parent have a right to post-adoption visitation with the child? A recent appellate case explores this issue. Case: Adoption of Oren Facts In the case,...
Foster Care and DCF Liability for Negligence
Most cases dealing with foster care fall under the umbrella of family law or juvenile law. One recent case, however, addressed foster care in the context of tort law. Namely, may a foster family sue the Department of Children and Families (DCF) after one of its family...
Considering Past Abuse in Custody Modifications
Massachusetts child custody cases are decided based on the “best interests of the child” standard. This standard takes many different factors into consideration. Under Massachusetts General Laws, chapter 208, section 31A, in a proceeding granting temporary or...
Third Party Discovery in Divorce Cases
When dividing a marital estate or resolving custody issues in a divorce, one expects the spouses to seek financial information and evidence of one another’s conduct during the marriage. Sometimes, however, painting a complete picture of a spouse’s financial worth and...
Prenuptial Agreements and Spousal Inheritance
In most instances, when a person dies while legally married, the surviving spouse of that person is entitled to certain rights and protections regarding spousal inheritance (i.e. inheriting the property of the deceased). In a recent case, the Massachusetts Appeals...
Grandparent Visitation Rights: New Case Law
Grandparents are often some of the most influential extended family members during a minor’s childhood. In some cases, grandparent involvement in the lives of their grandchildren is limited by the parents. This is particularly true where the parents separate or...
Civil and Religious Annulments
Certain marriages that are unlawful in Massachusetts are subject to annulment by court order. Annulment also describes a church tribunal proceeding that challenges a marriage’s validity under Catholic law. This post reviews the differences between state court civil...