Separation Agreements either “merge” or “survive” a Judgment of Divorce. When a separation agreement is merged into a Judgment of Divorce, its terms are incorporated into the judgment and are modifiable by the court, because the court always has the power, in the proper situation to revise or modify its own Judgment. A ‘merged separation… Continue Reading
Author Archives: Howard
Definition of income under the Massachusetts child support guidelines
The latest version of the Massachusetts child support guidelines contains a long list of items that are to be considered income for purposes of the guidelines. Most people, including lawyers are surprised when they see what is included. It makes no difference if the IRS thinks its taxable income. There is a catch-all category for… Continue Reading
Hunter v. Rose–important case on same sex domestic partnerships
The Massachusetts Supreme Judicial Court has turned down a challenge to a child custody order of the Probate and Family Court where the parties had a same-sex registered domestic partnership under California law. Here is a link to the oral arguments on video and the briefs… Continue Reading
Your first meeting with your divorce lawyer
For most people the first step they take in getting divorced is contacting a divorce lawyer. A lot has been written on how to choose a lawyer. This article assumes that you already have chosen a lawyer who you think you will be satisfied with. There is a fair amount of anxiety surrounding that first… Continue Reading
Filling out your financial statement
One of the more annoying tasks for someone going through a Massachusetts divorce is to have to deal with the financial statement required by the Court. It is typical that in any divorce this form will be redone more than once, because it is required to be current each time there is an important event… Continue Reading
When should I file for divorce?
New clients often ask the question, “When should I file for divorce?” This seems like a simple question, that should have a simple answer. But it does not. The reason is that every case is different. Here are some reason to file quickly and some reasons to wait. Which of them apply to you? REASONS… Continue Reading
Six Months of experience under the new alimony reform law
We now have been working with the new alimony law for almost six months. What have we learned? Here are my thoughts: The new alimony law has resulted in a sea change. The notion of lifetime alimony in Massachusetts has gone the way of the Dodo bird. Interestingly, the wave of new modifications based upon… Continue Reading
Ethical Obligations of Divorce Lawyers in Massachusetts
Clients are often looking for aggressive divorce representation and frequently ask their lawyers to do things that are not permissible under the Cannons of Ethics. If your lawyer is willing to do these things, you should get another lawyer because if that lawyer is not abiding by his/her ethical responsibilities to the court, in won’t… Continue Reading
Don’t wait until 2013 to get a modification of your alimony
There has been a good deal of publicity about the new Massachusetts alimony law which took effect on March 1, 2012. There has also been a fair amount of disappointment when people learn that the new law prevents most people from filing for a modification of their alimony based upon the new law until 2013,… Continue Reading
Ask yourself these seven questions before hiring your divorce lawyer.
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,… Continue Reading