Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Deviation from Alimony Durational Limits: Case Law
In cases of alimony, a court may deviate from the statutory durational limits "in the interests of justice." But can this deviation from the durational limits occur even after the statutory duration has expired? Recently, the Massachusetts Appeals Court decided that...
Alimony Modification Durational Limit: When Does the Clock Start?
In many cases involving alimony, the court orders a party to pay alimony at the time of divorce. In some cases, a court may modify alimony after the divorce -- either increase, decrease, or altogether terminate alimony. To prevail on an alimony modification, the...
Proving Reasonable Fear for Restraining Order
A restraining order serves to protect victims of abuse perpetrated by certain categories of people. In Massachusetts, a court can issue a 209A restraining order against a member or former member of the victim’s household. A court can also issue a 209A restraining...
Trust Law and Divorce
Division of marital property is often in contention in divorce cases. And, for many divorcing couples, real property represents a major asset the parties must divide. When the matter involves real property in a trust, additional complications may arise. In a recent...
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...