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
Author Archives: Howard
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
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 to… Continue 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 if… Continue 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 marital… Continue 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 the… Continue 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 Miller… Continue Reading