Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
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...
Marital Confidentiality: Testimonial Privilege and the Spousal Disqualification Rule
Spousal privilege. Marital conversation disqualification. Marital confidentiality. Spousal immunity. Folks use this mishmash of legal terms interchangeably and wrongly. Based on movies and other popular culture, people have a vague notion about what spouses can or...
Letters Rogatory: A Valuable Discovery Tool in Divorce
Letters rogatory are a useful means divorce attorneys use to access offshore information. They can also secure a witness’ testimony in another state or foreign country. This post examines how letters rogatory can be an effective discovery device in a family law...