Monthly Archives: March 2012

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

Getting divorced? Should you change your Will?

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 toContinue Reading

Alimony reform coming to a state near you.

Massachusetts  has been a trendsetter in alimony reform across the country.  It seems like alimony reform will sweep the country and our laws are seen as a model. It must have been so shocking that change could come to Massachusetts after so many years of being the poster child for generous alimony. Not sure ifContinue Reading

Dating before your divorce is final

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 maritalContinue Reading

Some little noted clarifications contained in the new alimony reform law

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 theContinue Reading

Article on new alimony law

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 MillerContinue Reading

New additions to domestic relations laws – Chapter 208 Divorce

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 49Continue Reading