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Your experience with your lawyer will be one of the most important variables that will determine how you feel when your divorce is over. And, to be sure, unlike a chronic illness, your divorce will, at some point be over. There are many things to consider before hiring a lawyer such as experience, education, and training, but there are less obvious
I am frequently asked by clients if he/she can change a Last Will and Testament during a divorce proceeding. I have had trouble finding any controlling legal authority on this, so I think the decision about whether to do it is up to you. If you have a Will that gives all your property to your soon to be ex-spouse,
As Massachusetts is a no fault state, it is unlikely to make a difference legally in Massachusetts if you date discretely and are very careful about keeping your dating from your children.Most judges assume that one or both parties appearing before them in a divorce has already been unfaithful. Legally the judge can consider marital conduct, but as a practical
There has been a lot of attention given to the durational limits on alimony contained in the alimony reform law, including termination of alimony at the payor’s federal retirement age. There are two other clarifications that will reduce litigation in areas where the prior law was unclear. Under the new law alimony cannot exceed the need of the recipient or
This article, co-authored by Howard Goldstein, was incorporated in materials published by the Boston Bar Association on February 28, 2012 in connection with their continuing education program on the new alimony law. Unintended Consequences of “An Act to Reform and Improve Alimony,” in Massachusetts: Avoiding the Pitfalls on the Road to Reform Janet Miller Wiseman, Certified Divorce Mediator, Jeanne
Here are the new additions to the domestic relations laws, Chapter 208 on Divorce. Effective as of today March 1st, 2012. Chapter 208. Section 31A Visitation and custody orders; consideration of abuse toward parent or child; best interest of child. Chapter 208. Section 48 Definitions applicable to Secs. 49 to 55. Chapter 208. Section 49 Termination, suspension or modification of
There is a lot of emotion that usually gets in the way of settling your divorce. Settling a divorce case should not be that hard. It is usually a financial planning exercise best settled on spreadsheets rather than in the courtroom. Custody and parenting issues are a little more complicated, but if both parents love their children, the most important
The new Massachusetts alimony reform law contains provisions that spell out what happens if a recipient of alimony lives with someone while receiving alimony. Unfortunately the new provisions leave many questions unanswered. The statute says that alimony “shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained
It is likely there will be lots of news stories on or about March 1, 2012 proclaiming a new day in Massachusetts because of the alimony reform law. There are still many unanswered questions and we will begin on that date to learn how the law is applied in our probate courts. It will take many months or years before
It is really important to think twice before filing for divorce. In my experience a small but significant percentage of clients who consult us about divorce are really unsure about whether they want to end their marriage. Many clients come to us to find out “what will happen if we divorce?” These clients are not committed to divorcing their spouses.
Your experience with your lawyer will be one of the most important variables that will determine how you feel when your divorce is over. And, to be sure, unlike a chronic illness, your divorce will, at some point be over. There are many things to consider before hiring a lawyer such as experience, education, and training, but there are less obvious
I am frequently asked by clients if he/she can change a Last Will and Testament during a divorce proceeding. I have had trouble finding any controlling legal authority on this, so I think the decision about whether to do it is up to you. If you have a Will that gives all your property to your soon to be ex-spouse,
As Massachusetts is a no fault state, it is unlikely to make a difference legally in Massachusetts if you date discretely and are very careful about keeping your dating from your children.Most judges assume that one or both parties appearing before them in a divorce has already been unfaithful. Legally the judge can consider marital conduct, but as a practical
There has been a lot of attention given to the durational limits on alimony contained in the alimony reform law, including termination of alimony at the payor’s federal retirement age. There are two other clarifications that will reduce litigation in areas where the prior law was unclear. Under the new law alimony cannot exceed the need of the recipient or
This article, co-authored by Howard Goldstein, was incorporated in materials published by the Boston Bar Association on February 28, 2012 in connection with their continuing education program on the new alimony law. Unintended Consequences of “An Act to Reform and Improve Alimony,” in Massachusetts: Avoiding the Pitfalls on the Road to Reform Janet Miller Wiseman, Certified Divorce Mediator, Jeanne
Here are the new additions to the domestic relations laws, Chapter 208 on Divorce. Effective as of today March 1st, 2012. Chapter 208. Section 31A Visitation and custody orders; consideration of abuse toward parent or child; best interest of child. Chapter 208. Section 48 Definitions applicable to Secs. 49 to 55. Chapter 208. Section 49 Termination, suspension or modification of
There is a lot of emotion that usually gets in the way of settling your divorce. Settling a divorce case should not be that hard. It is usually a financial planning exercise best settled on spreadsheets rather than in the courtroom. Custody and parenting issues are a little more complicated, but if both parents love their children, the most important
The new Massachusetts alimony reform law contains provisions that spell out what happens if a recipient of alimony lives with someone while receiving alimony. Unfortunately the new provisions leave many questions unanswered. The statute says that alimony “shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained
It is likely there will be lots of news stories on or about March 1, 2012 proclaiming a new day in Massachusetts because of the alimony reform law. There are still many unanswered questions and we will begin on that date to learn how the law is applied in our probate courts. It will take many months or years before
It is really important to think twice before filing for divorce. In my experience a small but significant percentage of clients who consult us about divorce are really unsure about whether they want to end their marriage. Many clients come to us to find out “what will happen if we divorce?” These clients are not committed to divorcing their spouses.
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246 Walnut St, Ste 301 Newton, MA 02460-1639
246 Walnut St, Ste 301 Newton, MA 02460-1639
Free Case Evaluation
