While determining child support may appear to be rather straight-forward, challenges often arise when one spouse tries to disguise what their true earnings are when they receive benefits other than just a regular paycheck. If you have a self-employed spouse,...
Continue reading "How to Calculate the Child Support Obligation of a Self-Employed Parent" »
Once the divorce process begins, it is not out of the ordinary for litigants to make comments with the hopes of intimidating, upsetting, or causing stress for each other. Additionally, not only is it not uncommon, but it's really easy...
Continue reading "Once Divorce Begins, Don't Let Your Spouse Press Your Buttons" »
After you've done your divorce planning, attempted to make some decisions with your spouse, and then begin the divorce process begins, it is not unusual for one - or both parties to a divorce action, by the fifth or sixth...
Continue reading "Common Financial Mistakes in Divorce" »
Experts agree that, often times, the following signs of divorce are a tip-off that your marriage is over: - There's a lack of intimacy. Neither of you communicate about the downward spiral - you've simply gone from lovers to roommates....
Continue reading "What to do During the First Steps of Divorce" »
If you have children, one of your greatest concerns may be how divorce will affect your children. For many, the questions to ask and issues to address are endless: how should you explain divorce to your children? Which spouse moves...
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Once you understand the concept of the equitable distribution statute in Massachusetts, there are two different types of property that you need to divide with your spouse - real property and personal property. When it comes to real property (real...
Continue reading "Five Ways to Divide Property When You Divorce" »
Years ago, the "Tender Years" Doctrine assumed that the mother was presumed to be the better parent for children under the age of six. Today, the law governing the custodial interests of parents as to their unemancipated children is construed...
Continue reading "In a Divorce, Who Gets the Kids?" »
A putative father is either asserting paternity or contesting his parentage of a child in the absence of a presumption of determined legal status. Under state and federal law, the putative father has certain rights, but is very restricted in...
Continue reading "Presumption of Legitimacy: The Putative Father and His Rights" »
When divorce begins, it's quite common for the husband or wife of a business owner to feel vulnerable. After all, if they've been left out of the loop, they have no true understanding of the finances of the business. Moreover,...
Continue reading "How to Value a Spouse's Business in a Divorce" »
When one parent wants to relocate with children, custody and modification issues are often triggered. The non-moving parent has a legitimate concern as a move out-of-state often interferes with that parent's parenting time, not to mention an interference with a...
Continue reading "When One Parent Wants to Relocate from Massachusetts" »
Co-Parenting after a divorce can be a difficult thing. You've spent years with your former partner only to realize that your relationship won't be forever. You might not want to ever see this person again, but if you have children,...
Continue reading "4 New Years Resolutions for Co-Parents" »
Whether you are already involved in a domestic relations matter or are contemplating beginning the divorce process, the chances are extremely high (if you have children) that the new Child Support Guidelines will affect you. These revised guidelines, which will...
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Our clients don't want custody, they need it. We are hired by people who demand the best. Custody comes in many variations. As divorce practitioners, we have handled several custody cases. The following custody arrangements might be right for you:...
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Finalizing a divorce involves many decisions, including "Who gets the house?" There are generally two options regarding the house. First, it can be sold and the proceeds divided, or the other alternative is that one party can "buy out" the...
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Thousands of divorce litigants have been tricked into agreeing to alimony that is contingent upon three clauses most commonly used to terminate a payor spouse's obligation to pay. Those three contingencies are normally that alimony terminates in the event of...
Continue reading "Avoid Common Pitfalls of Alimony Clauses" »
In many courts, the fact that one spouse is having or has had an affair will not be a major consideration in a typical custody case. While adultery remains a ground for divorce under G.L. c.208, Section 1, it is...
Continue reading "Affairs, Children and Divorce" »
Because of your job or other events in your life, you will want to change visitation dates from time to time. For the most part, however, you will want to follow the schedule as much as possible, not cancel at...
Continue reading "Changing Visitation in Your Divorce Agreement" »
Even if you and your partner's sex life hit a slump toward the end of your marriage, it's a little distressing to realize that suddenly even the option of regular sex is not there anymore. For many people, this is...
Continue reading "Sex and Intimacy After Divorce" »
It's quite common that, following divorce, weekends and holidays are particularly hard on emotions - many newly divorced people do. This is probably the time you used to spend together, having fun or working on the house or running errands....
Continue reading "Finding New Routines After Divorce" »
More than any other term of your divorce agreement, the amount of child support over time, requires modification. This is especially true in the case of very young children. As children grow older, the amount of support will generally increase....
Continue reading "Modifying Child Support Payments" »
If you are a victim of domestic violence, you are not alone. Each year, as many as 4 million women in the United States are victims of domestic violence. While women clearly make up the vast majority of domestic violence...
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Every divorce lawyer gets the same question when retained by a new client in the domestic relations field - "How long will this take?" And every divorce lawyer gives (or at least should give) the same answer - "It depends."...
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Domestic relations cases are, by nature, never an easy process. Beyond the emotional issues, many times litigants fuel attempts to "strike back" or "get back" at the other by hiding money and claiming an inability to provide financial support. Here...
Continue reading "Searching for Hidden Assets" »
On a daily basis, the attorneys at our firm get are bombarded with questions from clients about how to use - or not use - the telephone to communicate with their spouse - or former spouse. My best advice: use...
Continue reading "How To Deal With Telephone Calls From Your (Former) Spouse" »
Divorce is not easy for anyone, especially young children. It is important that both parents let their children know that the divorce is not their fault. Be sure to tell your children that nothing they did or said made...
Continue reading "Let Your Children Know It's Not Their Fault" »
Custody refers to a legal arrangement, while shared parenting responsibilities describe the actual activity between the adults. Often shared parenting, also called co-parenting, is interpreted to mean that parents are able to raise their children together, even if the parents...
Continue reading "Custody Labels or Parenting Plan?" »
Recently a client complained that she thought her husband was turning their children against her. Over the course of several months since the couple separated, whenever the children returned from a visit with their father, she said they seemed angry...
Continue reading "The Harm of Parental Alienation" »
Twice in the past four months I have had to defend false accusations of abuse in child custody proceedings. While it is understood how both judges and the Courts choose to "err on the side of caution," refusing to grant...
Continue reading "False Accusations of Abuse" »
Once a Guardian Ad Litem has been assigned to your case, find out in advance what the evaluator's procedures will be so that you can prepare yourself emotionally as well as with any collateral information you wish to introduce into...
Continue reading "How to Cooperate With A Guardian Ad Litem Investigation" »
When a client comes into our offices asking me about whether he or she should file for sole custody, it always makes me skeptical right from the start. Is this parent truly acting in the best interest of the child...
Continue reading "Don't Ask the Court for Sole Custody Just to Get a Better Financial Package" »
As a family lawyer, I'm pretty open about the fact that I've been divorced for almost 15 years. I never suggest it's easy co-parenting with a former spouse, but with some hard work between the two of you toward putting...
Continue reading "Common Sense Rules for Co-Parenting" »
Some years ago, the American Academy of Matrimonial Lawyers assembled a committee which focused on the Special Concerns of Children. That committee published a "Children's Bill of Rights" which reads as follow: Every child should know he or she has...
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Helping children heal begins before any legal papers are filed, with how and when parents tell their children about their decision to break-up. The first words children hear about divorce should be from their parents, as soon after the decision...
Continue reading "Helping Children Get Through Divorce" »
Divorce is never easy on children, but there are many ways parents can help lessen the impact of their break-up on their children: Never disparage your former spouse in front of the children. Because children need to know they are...
Continue reading "10 Tips for Divorcing Parents" »
If you are divorced and you want to move out of state I have one piece of advice for you -- not so fast! Massachusetts has laws about moving out of state with your children. These laws are referred to...
Continue reading "When One Parent Wants to Move Out-of-State" »
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