• One of the main Reasons why Divorce is Expensive

    When two parties are being unreasonable in a divorce this creates a vicious cycle that ends up costing both parties more in the end. When one or both parties become emotional, they tend to fight and this keeps the process dragging out even longer. In divorce, there are usually no winners. So, the more that […]

  • How do I get full custody of my child?

    In custody determinations, the courts must exercise sound judgment to decide which parent should be awarded custody based on the best interests and welfare of the child and the fitness of the parent. The best interest of the child is determined by examining all relevancy factors including; parental wishes as to custody (which parent wants […]

  • My ex denies that I am the father of her child, how do I prove that I am?

    Establishing paternity is governed under UPA section 201(b), 204. This statute provides presumptions of paternity, which may only be rebutted by DNA results introduced at a paternity proceeding. A man is presumed to be the father if he and the child’s mother; are or had been married when the child was conceived or born within […]

  • Can I file for a divorce in Massachusetts?

    For Massachusetts to have jurisdiction over a divorce proceeding, one of the spouses must be a resident of the state if the grounds for the divorce occurred in Massachusetts. If the grounds for the divorce occurred outside of the Commonwealth, then one spouse must be a resident of the state for at least one year. […]

  • My ex, who has physical custody of our child, wants to relocate to another state

    Relocation is a modification to physical custody where the custodial parent wishes to relocate to another state or anywhere that will make it difficult for the non-custodial parent to maintain frequent in-person contact with the child. Many courts have balanced the impact on visitation by the non-custodial parent against the benefits of the move to […]

  • Can my marriage be annulled?

    An annulment is a judicial proceeding proclaiming retroactively invalidating a marriage to the date of its formation. Basically, the court issues an order stating that there never was a marriage and terminates all rights and obligations under a marriage i.e. property, benefits, and alimony. Grounds for annulment include: fraud, misrepresentation, and duress: Fraud is the […]

  • Is my prenuptial agreement enforceable?

    Prenuptial Agreements, also known as “antenuptial agreements” or “premarital agreements,” are contracts made by the parties prior to and in contemplation of marriage. They are agreements made before marriage, usually to resolve issues of support and property division if the marriage ends in divorce or death by a spouse. Prenuptial agreements are enforceable without consideration […]

  • How are retirement savings divided in a divorce?

    Massachusetts divides marital property based on an equitable division basis. If the parties cannot agree to an equitable division of the marital assets, the court will divide the property not on a 50/50 split, but based on what is fair. This equitable division is governed under Massachusetts General Law Chapter 208 sections 1A and 34. […]

  • Who gets the house in a divorce?

    In Massachusetts, when a couple files for divorce, they must decide how to divide their property. If a dispute arises over such division, the court will determine the split. Property typically falls into one of two categories: marital or separate. Marital property includes income, assets and property, earned and acquired by either spouse, during the […]

  • Parenting Time: Massachusetts

    Parenting Time, or commonly known as visitation, is the time a non-custodial parent spends with their child(ren) after the parents separate and is governed by Massachusetts General Law Chapter 209 section 31. The award of parenting time typically arises when one parent is granted sole physical custody of the child, meaning the child lives primarily […]