Child custody disputes can become particularly difficult when one parent believes the other parent is incapable of safely or responsibly caring for their child. A parent may describe the other as “unfit,” but under Massachusetts law, parental fitness involves much more than disagreements over parenting styles, household rules, relationships, or personal choices. Massachusetts courts generally…
One of the most common reasons individuals delay divorce is the fear of the unknown. Questions about children, finances, housing, and healthcare can feel overwhelming—especially when one spouse has been financially dependent on the other. Common concerns include: What will happen with the children and parenting time? How can a divorce be afforded if one…
After a divorce is finalized, many parents assume that the parenting schedule put in place will remain unchanged. However, life circumstances often evolve, and what once worked may no longer serve the best interests of the child. A common question among divorced parents is whether parenting time arrangements can be modified—and the answer is yes, under the…
Many spouses who agree on the terms of their separation ask whether hiring an attorney is really necessary. If everything is amicable, it may seem straightforward to file paperwork and move on. However, even in a cooperative case, divorce is still a legal process with long-term financial and parental consequences. This article answers common questions…
Divorce is difficult even when both spouses are willing to work toward a resolution. When one spouse refuses to cooperate, the process can feel overwhelming and frustrating. In Massachusetts, however, an uncooperative spouse cannot stop a divorce from moving forward. While noncooperation may affect the timeline and cost, the court has tools to keep the…
When couples divorce in Massachusetts, one of the most important financial questions that arises is what happens to retirement accounts. Whether you have a pension, 401(k), IRA, or another type of retirement plan, these assets are often among the largest marital holdings—and dividing them can be complex. Understanding how Massachusetts law treats retirement accounts helps…
For many couples, the marital home is the most valuable property they own and the place where their children have grown up. When divorce becomes inevitable, questions about who will live in the home, both during and after the proceedings, often cause significant stress. In Massachusetts, the marital home is treated like any other property…
Infidelity is one of the most emotionally charged issues that can arise in a marriage, and for many, it becomes a central factor leading to divorce. In Massachusetts, adultery can influence certain aspects of a divorce case, but its impact is often misunderstood. While Massachusetts recognizes both “fault” and “no-fault” divorces, the role that infidelity…
When parents are not married and the father’s name is not on the birth certificate, questions often arise about parental rights, especially regarding relocation. In Massachusetts, family law governs these matters carefully to balance the rights of both parents and protect the best interests of the child. One common and complex question is whether a…
Family law orders such as child custody, child support, and alimony are based on the circumstances at the time the order was issued. But life rarely stays the same. When material changes occur—such as a job loss, relocation, or changes in a child’s needs—it may be possible to seek a legal modification to an existing…
For many spouses, especially those who have spent years managing the household or raising children, the idea of divorce can be overwhelming—not just emotionally, but financially. If you do not have a steady paycheck or control over household finances, the thought of separating from your spouse may come with a fear of being “cut off”…
Divorce among couples over the age of 50—often referred to as “gray divorce” or “empty nester divorce”—has become increasingly common in recent years. In Massachusetts, many long-married couples are choosing to separate after their children have grown and moved out. Without the shared responsibilities of parenting, some spouses realize their goals, values, and visions for…
Being served with divorce papers can be an emotionally jarring experience. Whether expected or not, receiving official notice of a spouse’s intent to file for divorce marks the beginning of a legal process that can significantly impact your future. In Massachusetts, the act of “being served” is a formal and necessary part of initiating a…
Raising a child is a significant financial responsibility, and when parents are not married, it is important to understand their legal rights and obligations regarding child support. In Massachusetts, both parents are legally required to support their child, regardless of their marital status. Whether the parents were in a long-term relationship that has since ended or…
Alimony, or spousal support, is a financial arrangement ordered by the court to support a lower-earning spouse following a divorce. While alimony agreements are binding, they are not always permanent. Changes in circumstances can warrant revisiting the terms. This article explores when and how alimony can be modified in Massachusetts, the legal requirements for doing…
Co-parenting after divorce is crucial for a child’s stability and well-being, with Massachusetts law providing guidelines to support healthy family dynamics. Court orders related to co-parenting define each parent’s rights and responsibilities, ensuring both contribute to the child’s upbringing even after separation. These legal measures aim to foster collaboration, reduce conflict, and help parents prioritize…
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…
Child support enforcement is a crucial issue for parents who depend on these payments to provide for their children. In Massachusetts, both parents are legally obligated to contribute to the financial well-being of their child, even after a divorce or separation. When one parent fails to meet their obligations, it can create financial strain and…
In Massachusetts, co-parenting arrangements are established to ensure that both parents remain active and engaged in their children’s lives post-divorce. Understanding the legal responsibilities and court orders related to co-parenting is crucial for parents to create a stable environment for their children. Legal Framework for Co-Parenting In Massachusetts, co-parenting arrangements are typically outlined in a…
Co-parenting after a divorce or separation can be challenging, but with the right approach and understanding of Massachusetts laws, it can be managed effectively. As family law attorneys, we are committed to helping parents navigate this complex terrain. In this article, we provide essential tips and legal insights on co-parenting in Massachusetts, discuss common challenges,…
Divorce is a life-altering event, particularly for stay-at-home mothers who have dedicated decades to raising their children and managing the household. After 20+ years of marriage, the prospect of starting over can be overwhelming. Common questions often arise: Where do I start? Do I need a lawyer? Do I need to move out of the…
When it comes to safeguarding assets and interests in marriage, prenuptial and postnuptial agreements are invaluable tools. Understanding the significance of these agreements in protecting financial security and peace of mind is crucial. Prenuptial Agreements: Anticipating the Future Prenuptial agreements, commonly known as prenups, are legal contracts entered into by couples before marriage, outlining the…
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…
Divorce can be a complex and emotionally challenging process, especially when a business is involved. For business owners in Massachusetts, protecting their business interests during divorce proceedings is paramount. Understanding the state’s laws and regulations regarding property division and asset protection is crucial for safeguarding the future of the business. Understanding Massachusetts Property Division Laws…
Navigating child custody matters can be a challenging journey for parents. In Massachusetts, as in many other states, child custody orders are not set in stone and can be modified under certain circumstances. Understanding the Initial Child Custody Order Before delving into modifications, it’s crucial to understand the dynamics of the initial child custody order.…
Navigating the Complexities of Divorce Across State Lines If you’re seeking a divorce in Massachusetts but you or your spouse reside in another state, understanding the challenges of obtaining a divorce in a different jurisdiction is vital. Here are a few things you may consider when pursuing a divorce in Massachusetts while one spouse is…
What is a Gray Divorce Gray divorce refers to the dissolution of a marriage involving individuals typically aged 50 and older. These divorces often come after decades of marriage, making them distinct from divorces that occur earlier in life. Legal Considerations in Massachusetts If you have been married for 20+ years and contemplating divorce in…
Divorce can be a challenging and emotional process, but having a solid understanding of the divorce laws in your state can help you navigate the legal complexities more effectively. If you are considering or going through a divorce in Massachusetts, this comprehensive guide will provide you with valuable information about the divorce laws specific to…
209A and Harassment Orders are protective orders issued by courts in Massachusetts to protect individuals from domestic abuse, harassment, and stalking. These orders are intended to provide a measure of safety and security for the person seeking protection, and they can include provisions such as restraining the abuser from contacting the protected person, or requiring…
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…
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…
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 is never easy, and it gets more complicated when a couple begins a successful business after their marriage. There are very few people who divorce and are then able to manage working together on a daily basis. Therefore, dividing the value of the company amongst the parties is usually the end result in such situations. One…
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…
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)…
Prenuptial agreements might have a bad reputation from tabloid accounts of celebrity divorces, but these important legal arrangements are for more than the rich and famous. Nor are prenuptial agreements a statement that a couple plans to divorce or otherwise wants an exit strategy. When done right, a prenuptial agreement can help a couple take…
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…
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,…
Divorce, while never easy, does not have to be an acrimonious 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…
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…
My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough? Practically, if this is a one-time, or two-time situation, a verbal agreement will suffice. If you…
I think my soon-to-be-ex-spouse is a bad influence on our children. How can AI get full custody? A judge will be unlikely to respond to the argument “My ex is a bad influence” or “My ex doesn’t know what is best for the children.” Judges hear these arguments all day, every day, during acrimonious custody…
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.…
You and your fiancé would be wise to consider a prenuptial agreement, or “prenup” as it has come to be known. In fact, most, if not all, couples would benefit from a prenuptial agreement. Objections to getting a prenuptial agreement usually come in one of two categories. The first kind asserts that there is no…
Once a divorce is finalized, the documents are filed with the courts. However, life is unpredictable and circumstances can change over time. In Massachusetts, if an earlier court order or judgment no longer suits the parties because circumstances have changed in a significant way since the order or judgment was issued, the court can “modify”…
Massachusetts was a leader in its early recognition of same-sex marriages. Logic dictates that the Commonwealth will also have more experience with same-sex divorce and family law matters, including child custody and support issues in cases involving the dissolution of a same-sex marriage. Three Massachusetts cases do, in fact, reflect that experience. In a 2006…
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…
It seems like everyone knows a story about false allegations during child custody and divorce. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and exclusive use of the family…
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 and your spouse are thinking it is time for a separation, there are some factors you should consider in order to make sure this is not only the right step for your family but also done in accordance with the law. Before any decisions are made, it would be beneficial to consult with…
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…
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…
Divorce is never easy, and it gets more complicated when a couple begins a successful business after their marriage. Massachusetts is an equitable distribution state which means the business equity is held marital in nature even if only one person does the work. There are very few people who divorce and then are able to…
When you’re going through the divorce process and managing the child support and custody issues, you’ll hear the term “best interests of the child.” Generally, the court will consider the new family lifestyle after a divorce and where the court feels the child will best be able to adapt to the new changes. It is…
Having the provisions of a judgment of divorce or modification modified under Massachusetts law is possible, based on the language of the Judgment and the circumstances bringing about the request for a modification. Before bringing your modification complaint to the court, you need to consult with an experienced divorce attorney. The first thing to realize…
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…
Many couples start out in marriage with great hopes and expectations, only to end up in a relationship that unfortunately does not work. There are many steps in the divorce process in Massachusetts and just as many avenues to take depending on your situation. Here is a brief introduction to filing for divorce in Massachusetts…
In the event of a divorce, one parent may be ordered by the court to pay child support. Under Massachusetts law, both parents are required to support their children—and this is true regardless of marital status (whether the parents are married, divorced, separated, or were never married). The parent the child lives with is termed…
Making the decision to separate from your spouse is difficult and often occurs over a lengthy period of time. During that time, it’s common for spouses to begin living in separate households. If the partners have children, this raises many questions about where and with who the children should live. Massachusetts law has put in…
When the terms of your divorce no longer fit your present circumstances, petitioning for divorce modification can help alter the terms accordingly. In the state of Massachusetts, overturning a divorce decree requires an appeal. This process is often drawn-out because one appellate court will need to overturn a lower court’s decision. These appeals are usually…
Posted by Michael Franklin Massachusetts family law covers the divorce process, which begins when one of the spouses actually files a legal petition, or “complaint,” which advises the court he, or she, wishes to end the marriage, and this petition is “served” on the other spouse. Legal requirements for divorce in Massachusetts (MA) can be…
Posted by Michael Franklin Deciding to end a marriage is a difficult and stressful decision. But, the decision is only the first step in ending a marriage. Once you have decided that divorce is best for you and your spouse, the next step is finding an attorney. A law firm well-versed in Massachusetts law pertaining…
Posted by Michael Franklin – Limited Assistance Representation allows an attorney to assist a self-represented client with specific issues on a limited basis. This might include preparing or reviewing documents, appearing in court or giving legal advice, hence the term unbundled services. This type of limited representation, compensated or pro bono, permits the attorney to…
Posted by Michael Franklin – Separation agreements allow you to outline specifically in a divorce what you agree to. Specifically, separation agreements resolve issues such as custody, child support, parenting time, alimony, medical and dental insurance, property and debt division, taxes, and name changes. What you put in the agreement is specific to the situation…
Posted by Michael Franklin – With the many complications involved in divorce–both financial and the stress it places on the individuals involved–the last thing one needs to deal with is the suspicion that the opposing spouse is hiding assets or unreported income during the legal process of dividing marital assets and debts. It is in…
Posted by Michael Franklin – Massachusetts law allows step-parents to adopt their spouse’s child under certain circumstances through an independent adoption. The first step in the adoption process is to file a petition in probate court. If the non-custodial biological parent consents then the court will simply finalize the adoption if the step-parent is eligible…
Posted by Michael Franklin – Divorce can be a stressful time. When children are involved, the experience can be even harder. Figuring out where the child or children will live often transitions into disagreements and arguments, particularly if both parents want sole custody of the children or if one parent feels like he or she…
Posted by Michael Franklin Divorce agreements cover many details, including child custody, child support, property division, health insurance and many other specifics based on the details of a family’s life. The difficulty is that at the time a divorce agreement is ruled upon and issued, it’s impossible to foresee all future circumstances. Therefore, it’s often…
Posted by Michael Franklin Have you been suddenly charged with contempt in Massachusetts for not paying your child support that was ordered by the court after you and your spouse divorced? Perhaps it’s in reverse and you’re filing for contempt against your spouse for not doing what was required with a court order. Either way,…
Posted by Michael Franklin Divorce is rarely easy, and even less so when it comes to custody and visitation arrangements for children. In Massachusetts, the top priority of the courts is to determine arrangements that are “in the best interests of the child”, but that may not always be as straightforward as it seems. This…
In the state of Massachusetts, domestic violence laws are designed to protect the following: people who are or have once been married individuals that have children together individuals that are related through marriage or by blood individuals who live together are have lived together, such as roommates The elements of the crime of Assault requires…
By Michael Franklin In Massachusetts, anyone who is no longer happy in their marriage can get a divorce for just about any reason. However, there are some cases where the marriage should not be legally recognized in the first place. In these situations, an annulment may be the best option. Understanding the annulment process in…