Author Archives: Howard

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

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

What is a good result in a divorce case?

There is a lot of emotion that usually gets in the way of settling your divorce.  Settling a divorce case should not be that hard. It is usually a financial planning exercise best settled on spreadsheets rather than in the courtroom. Custody and parenting issues are a little more complicated, but if both parents love… Continue Reading

Cohabitation and alimony reform

The new Massachusetts alimony reform law contains provisions that spell out what happens if  a recipient of alimony lives with someone while receiving alimony. Unfortunately the new provisions leave many questions unanswered.  The statute says that alimony “shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that… Continue Reading

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