Domestic violence is a pervasive issue that affects individuals and families across Massachusetts. To protect victims and ensure their safety, the state provides various legal remedies and resources. Understanding these protections is critical for those seeking to escape abusive situations and for individuals navigating related family law matters. This article explores key legal protections, including abuse prevention…
Court orders are not suggestions but legal obligations. When one party fails to comply with court orders, it can lead to contempt of court proceedings. In Massachusetts, understanding the ramifications of contempt in family law cases is crucial. As experienced family law attorneys in Massachusetts, we aim to shed light on this complex issue, outlining…
Getting a divorce is a challenging experience, and the laws surrounding divorce can be overwhelming. One of the most crucial requirements for filing for divorce in Massachusetts is meeting the residency requirements. If you are contemplating a divorce and are unsure of the residency requirements in Massachusetts, read on to learn the essential information on…
The Supreme Judicial Court’s recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts family court cases. The court’s decision, which was issued in June 2022, has revised the way in which income is considered when determining support payments, and has…
When it comes to dividing assets in a divorce case, the value of a small business can be one of the most challenging assets to appraise. In Massachusetts, the value of a small business is determined by the court based on a variety of factors including the income generated by the business, the assets of…
Divorce can be challenging. Even if both parties are on board, divorce is a significant life shift, and with that comes stress, uncertainty, and change. As your needs, priorities, and goals take on a new course, one thing you don’t want to overlook is your estate plan. Estate plans typically contain important documents regarding your…
Many people imagine that a marriage of short duration, say a year or less, is automatically eligible for an annulment. However, annulments are granted in only very specific circumstances, circumstances that have no relation to the length of the marriage. A marriage which a Massachusetts Family Court will annul is one that is either void…
Whether you are facing a divorce, requesting a change in custody, or updating your parenting plan, working with the other parent is typically in your child’s best interest. However, that may be easier said than done. When it comes down to creating a parenting schedule that works for all parties involved, there may need to…
When parents separate, agreeing on custody arrangements can be a stressful situation. In the eyes of the Massachusetts courts, a child’s best interest is always at the forefront of custody arrangements. While it’s generally presumed that it’s in a child’s interest to maintain a relationship with both parents, this isn’t always the case. A parent…
While marriage gives certain rights and benefits to a couple and their children—favorable tax filing status, hospital visitation rights, and more—the children of unmarried parents are not without legal protection and benefits. Regardless of parents’ marital status, children are entitled to both parents’ financial support. Establishing the paternity of a child born to unmarried parents…
Child Support Orders Are Not Set in Stone You have been consistent and timely in your child support payments. You follow the custody agreement down to the minute without fail. You did everything in your power to make the process of divorce as smooth as possible for your children emotionally and materially. But now you…
It may not be romantic, but every couple needs to talk about finances well in advance of heading down the aisle. These conversations can be hard: finances (and the attendant difficulty in communicating about them) are a major stressor in American marriages. Discussing each partner’s debts, liabilities, and assets before wedding bells ring can build…
A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto…
As part of the divorce process, both parties are required to complete a financial disclosure. This ensures both parties have a complete picture regarding finances. The financial disclosure includes details about all assets and compensation, including and Restricted Stock Units (RSU) grants. Before understanding how RSUs are divided in a divorce, let’s review a few…
Under Massachusetts law, no one can be forced to own property against their will. It’s not uncommon for unmarried couples to purchase a home together. However, when couples decide to break up and only one party wants to sell the property, legal actions can be taken. When one party refuses to sell, the party wanting to opt-out…
Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a…
Divorce can be a trying life event, but add filing taxes into the mix, and most parents are running for the hills. Not to worry, by the end of this article, all of your divorce tax filing questions will be answered. Filing Status Let’s start with filing status. For couples going through the process of…
As a divorcing parent battling over custody, there is always the fear that your child will decide they would rather live with the other parent. Even once custody has been determined, parents worry as children get older, they will want to move in with the other parent. Rest assured that minor children can’t make legal…
When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can…
Divorce, while never easy, does not have to be an ordeal. For couples who wish to amicably end their marriages, there are a number of processes available that do not involve a combative mindset and are designed to minimize conflict in favor of compromise. One of the most common processes that aim for a more…
Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent. The non-custodial parent may be required…
Each year, thousands of couples get divorced. Many of these cases end up in court where a judge decides how assets will be divided and where the children will live. However, each year many couples also resolve divorce issues by agreement thereby avoiding trial and lowering their attorney fees. Divorce agreements or separation agreements reduce conflict and couples who are able to come to an agreement are more satisfied with…
Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing…
Divorce is always a painful process. Splitting assets for its cash value is often a difficult end to a relationship that did not work out. Emotions run high, even in an amicable divorce. Being prepared is the best way to ensure both parties receive their fair share of the marital assets and debts. Listing shared…
Child Support and Out-of-State Issues Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play…
Once a divorce is finalized, the documents are filed with the courts for record keeping and enforcement purposes. However, life is unpredictable and circumstances can change over time. In Massachusetts, if a court order or judgment no longer suits the parties because circumstances have changed in a significantly since the order or judgment was issued,…
As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed…
A father petitioning for paternity needs to have a full understanding of the legal process. Fathers who are unmarried in the Commonwealth of Massachusetts can establish paternity in two ways. The first route is a voluntary process that utilizes a form known as a Voluntary Acknowledgement of Parentage. This is a document signed by both…
The decision to file for divorce is never easy. When the determination has been made, it’s essential to understand the process, which varies by state. To begin the divorce process in the Commonwealth of Massachusetts, here are a few things to consider. To file for divorce in Massachusetts, one of the following must apply: (1)…
Many families elect to have Group Insurance coverage under a single spouse provided by their employer. This means one spouse is the primary policyholder of a medical insurance plan, and the rest of the family is covered under that one plan. During a divorce, the question arises as to how the other spouse, and children,…
When it comes to divorce in Massachusetts, everything related to finances must be fully disclosed. This includes every single asset, purchased together or otherwise, as well as all accumulated debts. Each spouse is instructed to report known findings through a financial (statement) affidavit. The financial statement is signed under the pains and penalties of perjury and is one…
As thoughts turn towards divorce, tempers can flare and people may behave in ways they normally would not be proud of, even in a relatively amicable situation. Of course, the bad behavior of a spouse—ranging from neglect of household duties to infidelity to abusive actions—may well have begun long before the divorce, and may well…
The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents,…
Massachusetts marriages end for a variety of reasons including but not limited to finances, work and stress. No matter the reason for the legal dissolution of a marriage, the ensuing divorce proceedings can range from amicable to hostile. A number of circumstances may add additional stress to the divorce process. Particularly, marriages that end due…
When most of us think of divorce, we think of custody battles, endless legal filings, and costly court proceedings. The whole process of divorce can seem more daunting, and perhaps even more painful, than the emotional aspects of a marriage’s dissolution. But what if there was another way? Another, more humane, more gentle, less expensive…
A ‘gray divorce’ refers to a split that happens between an older husband and wife, often after many years of marriage. The ‘gray’ in ‘gray divorce’ refers to the color of the divorcing couple’s hair. With more and more couples over fifty, or even over sixty-five, choosing to part ways, the phenomenon has also earned…
Case Summary Father’s child support obligation to the Mother shall be reduced and shall further be reduced upon the emancipation of the parties’ daughter on December 5, 2018. No order for alimony is made at this time as all of the available gross weekly income of the parties has been utilized in the calculation of…
While it remains a common belief that courts favor, or are even biased for, mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of labor within households.…
Case Summary: The Court has been asked to decide whether this Guardianship should be vacated and custody returned to the mother. In considering this decision, the Court recognizes that both parental fitness and the child’s best interest are always considerable in any case dealing with the fundamental right of a parent to raise their child…
Before you meet with an attorney to discuss your child custody situation, here are few pieces of information about child custody in Massachusetts that you’ll need to know in order to develop questions pertaining to your circumstances. Two primary forms of child custody in Massachusetts Physical custody determines where a child will live during certain…
Attorney Michael Franklin represented a client who is a salesman and was required to pay $742.00 per week plus 20% of all gross income earned over $180,000.00 per year as alimony to his ex-wife. His base pay was $180,000.00 per year. He lost his employment and obtained new employment with a base pay of $130,000.00…
Most people enter the divorce process believing their soon to be ex-spouse is honest. However, this is not always the situation. The fact is dishonesty is a common reason for seeking a divorce. Even if you have no reason to suspect your spouse is hiding assets and misrepresenting their finances, it is prudent to vet…
If you are the non-custodial parent, not being able to spend time with your child on a daily basis can be painful. Regular visitation should help but if the other parent is not cooperative or if you have not been granted visitation, you could be wondering what steps you need to take in order to…
In Massachusetts, several factors are used to determine child custody between two parents seeking divorce or between unmarried couples who cannot come to custody terms following separation. Massachusetts law recognizes four different types of custody: Sole legal custody Shared legal custody Sole physical custody Shared physical custody In the first and third statuses, only one…
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