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Court Closure Questions

We finally agreed on terms for modification of our parenting plan.  Where the court is now closed, does this mean that we can’t sign an agreement and submit it for approval?

Answer: If you are working toward a resolution of a case, always keep trying!   If you can agree, and you can reduce that agreement to a writing, everyone should sign all related documents and prepare a filing for the Court.   For certain types of cases, the Court will accept your agreement administratively.  For other cases, you may need to wait for a court date in the future for the court to approve the agreement and make it an order.  However, even in that scenario, the hard work is done and nothing stops all parties from following the terms of any agreement (exception here may be a modification of child support  – consult your attorney here).  The court closure is a new and unprecedented event, but the clerk’s office is doing all that they can to accommodate forward movement with cases in a reasonable, accepted fashion.   Consult an attorney for the best guidance in your case and for help with drafting the appropriate documents to ensure administrative approval of your case where appropriate.

Free Consultation: Is it Worth It?

We often read other articles and posts and we came across a series of discussions recently debating whether or not there was a benefit to contacting an attorney for a free consultation.  While not all lawyers offer this service, our office does offer this service.  We...

Marital Property: What is it?

Far too often I meet with a client for consultation who is concerned that a certain asset is not a marital asset because it is not “in [their] name.” A client may say “well, we have a home but it is in his name only” or “I don’t have a retirement account, but she...

Custody: Can My Child Decide?

Very often I am asked “when can my child decide choose where he lives?” or “at what age will the Court listen to my children’s input?” The short answer to this question is that there is no “magic age” to answer "can my child decided" which the court will let the child...

Is It Safe To Leave an Abusive Marriage?

A co-worker, "Pat",  confides to you during lunch one day that her "marital bliss" has all been a sham and that she thinks she has just learned to accept her husband's abusive behavior.  All of the stories she shares at work about her family are lies and have been for...

Cheating Spouse: How Do You Know?

Brad Pitt and Angelina Jolie have been all over the news lately about their divorce.  There have been numerous reasons cited for the divorce.  Everything from drug abuse to physical abuse to affairs.   Both have been married AND divorced more than once.  In this and...

Can I lose my inheritance to child support?

Can I lose my inheritance to child support? The question you are asking can also be stated as:  Can the Court award child support based on the money I received in an inheritance? Child support is based on income. It is not based on gifts or inheritances.  For example,...

2021 Update! Still Missing – Maura Murray

March 2021 Update: For those of you following this case, you are probably aware of Tim & Lance's podcast, Missing Maura.  For years, the podcast was its own entity.  Over the years, they began highlighting other cases as well.  To learn about Maura's case, there...

Can I stop paying my child support without going to Court?

Often things happen that makes a parent think that they are no longer required to pay child support. A daughter joins the military. A son drops out of college. A child graduates high school and is going to college part time and working part time but still living with...

Divorce: Moving on When Others Won’t

Divorce is rough.  It's an emotional roller coaster for everyone involved.  Just getting to the point where a couple decides that divorce is the only solution left is often devastating.  After the dust settles, and the divorce is completely finalized, both parties are...

Changing Your Name After Divorce

Many things change when you get married.  One of those is often the changing of your last name.  If you changed your last name to your husband’s last name upon marriage, you now have a decision of whether to return to your maiden name or continue using your married...

Delphi Murders Update

May 2021 Update: As we all work to keep this case in the headlines for as many eyes as possible, we often see other arrests that may appear to be similar to the person who killed Abby & Libby.  Those persons will be investigated thoroughly by the local police, the...

Is Your Child Being Abused?

A common worry for parents often centers around protecting their child from people who prey on children.   Most children spend their days away from their parents in the care of others, in school, kindergarten, daycare and so forth.  So, what if you suddenly notice...

Children and Divorce: It’s Me or Her!

Moving on after a divorce by pursuing  a new relationship can be difficult for the children of the previous marriage.  While the parents may be ready, even eager, to move on and engage in new relationships, a child can only see how the breakup of the marriage affects...

Massachusetts: The Alimony Reform Act

A recent hot topic in family law is alimony. I’m sure a lot of you have heard of the proposed legislation known as the Alimony Reform Act. This Act aims to define, clarify and guide the Courts, and the litigants, regarding certain aspects of alimony. Amongst other...

Save Money During Divorce

How to Save Money During Divorce Gather/organize/prepare. During the process, there will be requests for information and documents. When you receive these, take the time to gather everything, organize it and prepare it in accordance with your attorney’s directions.  ...

Family Law: How to Choose Your Attorney

Your family is the most important thing in your life.  Whether you are facing a divorce or a custody battle or a child support dispute, you want to have the “right” attorney by your side through this very difficult process.  So, how do you decide?   Here are some...

If I signed my parental rights away can I get them back?

I often get questions from overwhelmed parents who feel that, for one reason or another, it would be in the best interest of everyone concerned, if they just give up their parental rights (see my other article for more details on this complex subject).  However, many...

Massachusetts: Joint Petition or Complaint for Divorce

In Massachusetts, there are two ways by which a party can file for a divorce. The first is commonly known as a “joint petition.” The second is commonly referred to as a “complaint for divorce.” A “joint petition” is filed when the parties agree on how to resolve all...

Avoiding Legal Issues

In my previous article, “What Type of Attorney Should I Hire,” I wrote about the importance of speaking with an attorney early on in your case to maximize any potential outcome you may have as well as choosing the right attorney for the type of situation, rather than...

Can I sign over or terminate my parental rights?

Often I have people call me to discuss “signing over their parental rights” in hopes that this will either 1) end the drama that happens when they visit with their child or 2) end their obligation to pay child support. This is a difficult question to answer in a...

Shared Physical Custody: A Growing Trend

Years ago, when a couple parted ways, it was simply assumed that the children would live with their mother and have visitation with their father. Typically, the father's visitation with his children was for two weekends per month and if feasible for him, a "dinner...

Can I Stop Him From Selling Our Home While Child Is Still in School?

Question: My husband moved out of our home two years ago and moved in with another woman. We have guardianship of my granddaughter who will be graduating from high school in 2018. she is going to be going to college after she graduates. My husband said that as soon as...

The Queen Had Soul But No Will

Aretha Franklin, the Queen of Soul, was recently laid to rest.  Her service was like no other in our history.  Musicians from all genres came out to pay respects with praise and song for a women who battled against the odds to become one of the true legends of our...

Arsdale Appeals and Alimony

Recently two new cases came down from our SJC that you should be aware of, both relating to alimony. The first, SUSAN VAN ARSDALE vs. WILLIAM VAN ARSDALE, focused on the constitutionality of durational limits of alimony applied retroactively.* To examine the...

New Hampshire: The First Appearance

    You’ve filed for divorce and you’ve received a notice that you must attend something called a First Appearance. So, what is this?     If you are a party to a divorce action, and you have children of the marriage that are...

For my Massachusetts Divorce, do I need my marriage certificate?

In Massachusetts, when you file a Complaint for Divorce, you must also file a certified copy of your marriage certificate. You may want to keep your copy or you may not have it. So, how do you get one? This is an easy issue to resolve. Contact the city hall in the...

What does Child Support Cover: Medical Bills

We are continuing the series about Child Support and the things it covers.  This article will focus on expenses incurred that are outside the actual child support payment but perhaps still required by the court as a form of supporting your child.  Our previous article...

Grandparent’s Rights in Massachusetts

The issue of visitation rights for grandparent’s rights is governed by Massachusetts G.L. c. 119, s. 39D. Grandparents may seek visitation, “grandparent’s rights,” through the Court with their “unmarried minor” grandchildren if: (1) the parents are divorced, married...

My ex won’t pay child support. Can I refuse to let him see the kids?

My  ex won’t pay child support. Can I refuse to let him see our daughter? Absolutely not! If you do it, you are in contempt. Child support and parenting time are two separate issues. If there is an order for support and an order for parenting time, each of the parties...

Protecting Your Children From Sexual Predators – Part III

In our last two related posts, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage or are acquaintances to you or your child.  In this third and final article of this three...

The New Tax Bill & Alimony

It's a new year and we thought we would start it off with an article about something that's been all over the news for weeks - the new tax bill.  Some love it.  Some hate it.  Some have no idea that there is a new tax bill.  One thing is for sure: there will be...

Five Tips for Attending Court

Often I am asked "what do I wear?" or "is there anything that I need to know about going to Court?" Below are tips for attending Court that I find rather useful. 1. Dress appropriately. It is not necessary to wear a suit or formal outfit to Court. Wear an outfit that...

What Type of Attorney Should I Hire?

This article is part of a series about why it's important to hire an attorney and the reasons behind hiring an attorney.  The purpose of this series is to help you determine the types of situations where a lawyer is most needed and to know when to reach out for...

Can my wife take my inheritance in the divorce?

Very popular question!  I often get this question - can my wife take my inheritance in the divorce? or can my husband take my inheritance in the divorce? In my experience, most judges look to keep “family money” within a family.  If your parents saved their entire...

Can an Attorney Represent Both Parties in a Divorce

I receive calls frequently from potential clients who are seeking an attorney to counsel the parties, together, for a divorce. This happens for a variety of reasons. You want to save money. You feel as if you are in agreement on many of the issues. You want the...

Massachusetts Divorce: “What’s this going to cost me?”

   Whether you’re the husband or the wife, the bread winner or the stay-at-home parent, cost is typically a factor in consideration of a divorce. At some point during every consultation, a person turns to me and says “So, what’s this going to cost me?” My response is...

A Child’s Right to Decide: New Hampshire

New Hampshire: When can my children decide in whose home they want to live? Okay,  New Hampshire readers – I promised you would hear my thoughts on a child's right to decide shortly, so here it is. The law in New Hampshire is different than that in Massachusetts. Read...

Just When We Thought He Was Beyond Reach

By now you may have heard that Bill Cosby was recently criminally charged by one of the women who claims that she was drugged and touched by him in the past.  The Commonwealth of Pennsylvania charged Bill Cosby today with aggravated indecent assault, sneaking the...

Should I Stay Married For the Sake of My Children?

I often see the question posed to me in the middle of a conversation with a potential client, current client or even an acquaintance who knows I practice family law:  should I stay married for the sake of my children?  Should I wait until they are older before we...

Convicted of OUI May Get New Trial

If you follow our blogs or the local news, you may have read about an issue involving the breathalyzers used in Massachusetts for the detection of alcohol. The Draeger Alcotest 9510 is being challenged by defense attorneys, alleging that the results may be inaccurate...

Questions You Should Ask Your Divorce Attorney

When seeking a divorce attorney, there are a million questions running through your mind.  It’s wise to make a list of the topics you wish to address so that you can make the most of your time together.  Here are some questions you should be sure make that list: 1. ...

Custody Case Takes a Turn – The Brad Pitt Saga

If you’re not living under a rock, and if you are a loyal reader here on my site, I am sure you’ve heard about the custody battle between Brad Pitt and Angelina Jolie. Some months ago, Angelina claimed that Brad abused their child and sought full custody of all six...

Can My Childs Dad Go To NH Court for Physical Custody?

Question: I am moving to NH can my childs dad go to NH court and try and get 50 physical custody? He has shared legal right now. Answer: If you have an order, it might address this issue. Look within it to see if it talks about either party moving his or her residence...

When to seek counseling for your child?

Divorce and separation issues are very hard on children.  Whether parents are starting the divorce, discussing the break up or have already gone their individual ways, children are often assumed to be in the dark about the whole situation.  Nothing could be further...

You Want Me to Communicate with Her? You Don’t Know My Wife!

Sound familiar?  I hear this comment on a regular basis.  It seems counter intuitive to ask that a couple going through a divorce, sometimes a contested and harsh divorce, do the unthinkable - talk to one another.  But that's exactly what I ask of my clients.  You...

Creating an Irrevocable Trust Can Save Your Loved Ones

The words "irrevocable trust" often seem intimidating to many of my clients.  However, when used properly, this can be an effective estate planning tool.   If designed properly, it can prevent an estate from staying tied up in probate for years.  It can help families...

Myths of Divorce

If you are considering divorce or even in the middle of one, it's critical that you are receiving good advice.  Advice from family and friends may seem helpful but can lead you down the wrong path.  Tips from the bar around the corner are even worse and sometimes...

New Hampshire Law: Alimony

       Alimony is always hot topic in matters of divorce. Not everyone understands on what basis it is determined and if awarded, how the amount and length of the award is determined.        In New Hampshire, the mystery...

Should You Date Before Your Divorce Is Final?

You filed a Complaint for Divorce and are ready to move on with your life. Should you date before your divorce is final?  Can dating someone hurt you while you are going through the divorce process? Could dating hurt you at all? Although it is always best to wait...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

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Parenting During COVID-19

How do I handle parenting time during COVID-19 and a stay-at-home mandate? The world is abuzz amidst COVID-19 and daily...

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