The Massachusetts Probate and Family Court has substantially revised Standing Order 3-23, which requires completion of a four-hour online parenting course, which has been renamed “Two Families Now.” The revised Standing...more
Holidays aren’t always happy and can be particularly challenging for those experiencing their first holiday season post-divorce or in the midst of divorce. If you find yourself struggling to handle the holidays surrounding...more
The Massachusetts Probate and Family Court has issued Standing Order 3-23, which requires parties to divorce, annulment, parentage, and modification actions involving custody or parenting time filed on or after November 1,...more
When parents divorce, finding a way to communicate about the children amidst grief, anger, or resentment can be a challenge. Several mobile applications are available to help facilitate smoother communications, including some...more
The Massachusetts alimony statute provides that when alimony is set, the court shall exclude from the calculation gross income, which the court has already considered for setting a child support order. Effectively, this has...more
When spouses reach agreement on terms for a divorce, a written settlement document – commonly known as a Separation Agreement – is prepared. Parties then decide whether the agreement will either “merge” into the Judgment of...more
Alcohol consumption is widespread in American culture. A 2020 study conducted by the Centers for Disease Control found that two-thirds (66.3%) of American adults consumed alcohol in the past year, with 5.1% of them admitting...more
It depends on what was put into writing – or not! On January 10, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled that where a former husband failed to change the beneficiary designation on his life insurance...more
A parenting coordinator is a third party hired by divorced or divorcing parents to help resolve parenting disputes – such as holiday and vacation plans, the selection of activities for the children, or school choice. Under...more
On August 2, 2021, Chief Justice of the Trial Court, Paula M. Carey, signed new Child Support Guidelines, which go into effect on October 4, 2021. These new guidelines are the result of work by the Child Support Guidelines...more
As my partner Andrea Dunbar recently wrote, it is inappropriate to post negative comments about the opposing party in a custody matter on social media. But can the court prohibit it? The answer in most cases is no....more
President Biden signed the American Rescue Plan Act on March 11, 2021. In addition to the stimulus payment, this plan contains some tax credits that should be considered by parents divorcing this year....more
The Massachusetts Appeals Court recently issued another decision interpreting the Alimony Reform Act, which went into effect in 2012. In the March 2, 2021 decision of Dolan v. Dolan, the Appeals Court provides guidance on the...more
During divorce -
When a bankruptcy petition is filed, an “automatic stay” is put in place, which stops creditors from proceeding with collection actions, foreclosure, eviction, and the like. Assets are frozen so that the...more
This year has been filled with strange new and different ways of interacting (or rather not interacting) with family and friends. I was happy to see that one thing stayed the same – holiday photo cards. I have to admit that...more
In every Massachusetts divorce matter, parties are required to file financial statements with the Court within 45 days of service of the summons and to update and file new financial statements for each court appearance at...more
Retirement accounts and benefits can be among the most valuable assets owned by parties who are divorcing. While parties can agree within their Separation Agreement to divide retirement assets between themselves in a...more
I have written in the past about 209A Abuse Prevention Orders – the mechanism by which victims of family or household violence can obtain court orders of protection. Burns & Levinson partners Ronald Barriere and Cici Van...more
A diamond is forever. Unfortunately, sometimes marriage is not. So, what happens to the engagement ring?...more
You have considered your options, asked yourself the right questions, and started searching for an attorney. You are ready to get divorced. Now what?
In the second episode of our new webinar series, Robin Lynch Nardone and...more
One of the most frequent questions I am asked by parents involved in custody disputes is: “when is my child old enough to decide to live with me?” The answer – that children under age 18 in Massachusetts do not get to make...more
Many people going through divorce experience feelings of fear, sadness, loss and depression. Out of concern for the impact seeking help for these feelings may have on custody disputes, some people choose not to seek help,...more
In 2011, the Alimony Reform Act determined that alimony is “the payment of support from one spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time.” G.L. c. 208, §48. The...more
When parties to a Massachusetts divorce settle their differences and come to an agreement, they enter into a written settlement document, commonly known as a Separation Agreement. The Separation Agreement must then be...more
As a life-long Massachusetts resident, I find it hard to understand people who move to Massachusetts from warm climates. While my colleague, Jordan Bowne, recently suggested that fall is a great time to be in Massachusetts,...more