Legal Blog

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, and in some instances not

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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, but there are less obvious

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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 your soon to be ex-spouse,

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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 this is really a good

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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 conduct, but as a practical

Read More ➔

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 need of the recipient or

Read More ➔

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 Wiseman, Certified Divorce Mediator, Jeanne

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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 49 Termination, suspension or modification of

Read More ➔

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 their children, the most important

Read More ➔

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 the recipient spouse has maintained

Read More ➔

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, and in some instances not

Read More ➔

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, but there are less obvious

Read More ➔

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 your soon to be ex-spouse,

Read More ➔

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 this is really a good

Read More ➔

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 conduct, but as a practical

Read More ➔

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 need of the recipient or

Read More ➔

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 Wiseman, Certified Divorce Mediator, Jeanne

Read More ➔

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 49 Termination, suspension or modification of

Read More ➔

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 their children, the most important

Read More ➔

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 the recipient spouse has maintained

Read More ➔

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