Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
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...
Modify a Restraining Order
Generally, a restraining order, also known as a protective order, is a tool the court uses to protect a victim of domestic abuse by ordering a defendant to not do something. In a recent case, the Massachusetts Appeals Court clarified the standard of proof required to...
Child Custody Order Violations
The ramifications of violating a temporary or permanent child custody order are significant. This post addresses conduct that subjects a parent to a contempt finding by a Probate and Family Court. Additionally, penalties and remedies for defying custody orders are...
Retroactive Application of New Juvenile Delinquency Law
New laws typically do not apply retroactively to cases that have come before its passage. Retroactive application arose recently in the context of juvenile delinquency law by the Supreme Judicial Court of Massachusetts. New juvenile delinquency law At the center of...
Stalking Law : Victim or Accused
A couple’s hostile, emotionally charged separation or divorce can trigger the dark response of one partner stalking the mate. Stalking and harassment involves physically following an individual. However, menacing stalking behavior also can occur in cyberspace. The...
Considering Same-Sex Adoption
All 50 states allow same-sex adoption provided one member of the couple is already the child's birth or adoptive parent. Massachusetts allows second-parent or co-parent adoptions for unmarried couples. Same-sex or opposite-sex married or unmarried couples under...
Obtaining Annulment through Mediation
Annulment mediation may seem counter-intuitive. Why mediate something you are trying to undo? While both divorce and annulment can end a marriage, and one would file either action in the Probate and Family Court, the legal basis for each is very different. A...