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Two Families Now: Co-Parenting Course Revised

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

Bah Humbug…I’m Getting Divorced!

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

Co-Parenting Course Required for Divorcing Parents as of November 1, 2023

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

There’s an App For That

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

New Guidance on the Intersection of Alimony and Child Support

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

Griffin v. Kay: A Cautionary Tale in How Your Separation Agreement Is Worded

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

Navigating Co-Parenting With a Partner Who Abuses Alcohol

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

What Happens to the Life Insurance After Divorce?

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

Why You Should Consider Using a Parenting Coordinator

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

New Child Support Guidelines to Go Into Effect This Fall

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

Non-Disparagement Orders in Custody Cases

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

What You Need to Know About the American Rescue Plan Act

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

Consideration of Income From Assets in Modifying Alimony

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

Divorce and Bankruptcy

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

The Divorce Holiday Card

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

Rule 401: The Financial Statement

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

Division of Retirement Benefits at Divorce

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

Harassment Prevention Orders Under G.L. c. 258E

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

Divorce and the Engagement Ring

A diamond is forever. Unfortunately, sometimes marriage is not. So, what happens to the engagement ring?...more

8/6/2020  /  Divorce , Prenuptial Agreements

So you are ready to divorce...what is the process? [Video]

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

At What Age Does a Child Have a Say in the Parenting Plan?

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

Safeguarding Your Mental Health During and After Divorce

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

5/18/2020  /  Divorce , Mental Health , Suicide

Marital Lifestyle is Not a Factor to be Considered in Deviation from Alimony Durational Limits

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

Merger and Survival of Divorce Agreements

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

Now Leaving Massachusetts – The Impact on Alimony

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

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