Family Law

Key Takeaways Parental alienation in Massachusetts custody cases refers to actions by one parent that manipulate a child into rejecting or fearing the other parent, which the cMassachusetts enjoys one of the lowest divorce rates in the nation (just 2.5 per 1,000 residents according to the CDC). However, they do still occur, and they’re not…

Key Takeaways Parental alienation in Massachusetts custody cases refers to actions by one parent that manipulate a child into rejecting or fearing the other parent, which the court may consider as harmful interference under the best interests of the child standard. For example, one parent might badmouth the other to the child(ren). Those comments will…

Key Takeaways Same-sex couples should have the same right to adopt children as opposite-sex couples. Unfortunately, that hasn’t always been the case. That began to change in the 1990s. Today, same-sex couples in Massachusetts have had equal adoption rights since 1993, thanks to the Adoption of Tammy case and the landmark 2004 Goodridge v. Department of Public Health decision…

Key Takeaways A family law appeal in Massachusetts is a formal request for a higher court to review a Probate and Family Court decision based on legal error, not to re-try the case or introduce new evidence. When a judge makes a ruling, you expect it to be accurate and based on both reason and…

Key Takeaways Massachusetts child relocation hearings hinge on evidence that shows either a “real advantage” to the custodial parent or that the move serves the “best Commingling in Massachusetts divorces refers to the mixing of separate assets, like inheritance or gifts, with marital property. That can mean that those assets lose their protected status and…

Key Takeaways Massachusetts child relocation hearings hinge on evidence that shows either a “real advantage” to the custodial parent or that the move serves the “best interests” of your child.  What sort of evidence can support a relocation? Some of the more commonly used options include affidavits of job offers showing that you’d earn more…

Key Takeaways Tax debt in a Massachusetts divorce is unpaid federal or state taxes from joint returns filed during the marriage, including any associated penalties and interest.  Divorce-related tax debt isn’t the same as individual tax liabilities incurred before the marriage. Those are usually seen as separate debts, and the spouse who incurred them is…

Key Takeaways Alimony is awarded based on a spouse’s ability (or inability) to support themselves financially, as well as the difference between the two spouses’ financial situations after a divorce.  It’s generally assumed that the spouse receiving alimony will need the financial help to make ends meet. But what happens if they move in with…

Key Takeaways A domestic partnership in Massachusetts is a city-level legal status for unmarried couples, regardless of gender, that gives them limited legal rights, like hospital visitation, employee benefits, or family leave.  While Massachusetts doesn’t offer a statewide registry, municipalities like Boston (the City of Boston Registry, Cambridge (Cambridge Domestic Partnership), and Somerville let couples…

Key Takeaways A postnuptial agreement in Massachusetts is a legally binding contract between spouses made after marriage to define the division of assets, debts, and potential spousal support in the event of separation, divorce, or death.  Recognized by the Massachusetts Supreme Judicial Court in Ansin v. Craven-Ansin (2010), these agreements are distinct from prenuptial agreements due to…