After a Massachusetts divorce, both parties want to continue to live in the style to which they have become accustomed. And Massachusetts law supports this desire by requiring courts to base spousal support awards on the standard of living established during the...
Under current Massachusetts law, a judge may issue an emergency custody order changing the living arrangements of a child or awarding one party temporary custody if there is sufficient reason to believe that the child is at risk of bodily injury or sexual abuse, or...
The Social Security system permits a divorced person in Massachusetts who is eligible for social security benefits to receive the greater of (a) a calculation based on 100% of his/her earned benefit amount, or (b) provided the parties were married for at least ten...
Whether Social Security Disability Insurance (SSDI) benefits and SSI benefits must be shared between spouses when a marriage ends in Massachusetts is an issue that often comes up during divorce. There are two issues here: whether disability benefits need to be split...
In Massachusetts, adultery is still a legal ground for divorce. While "no fault" divorces account for the overwhelming majority of complaints for divorce in Massachusetts, there are still "fault" grounds that are plead. In such cases, if adultery is plead and proven...
Even if Massachusetts parents have joint physical custody, child support can still be ordered because the purpose of child support is to ensure the children are adequately provided for. The belief is that the children have a right to benefit from the income of both...
Requests for admission are very valuable yet underutilized tool in a Massachusetts Divorce. They're one of the best techniques to create admissible evidence for summary judgment and trial. With requests for admission, you can take an evidence shortcut by getting the...
Under the Massachusetts Alimony Reform Act, if a spouse who receives alimony begins to cohabitate with another person, then alimony may be modified or terminated under the new law. In cases involving General term alimony, a payor spouse may modify or terminate his or...
Marital asset dissipation is an issue during a Massachusetts divorce when one spouse has given away or transferred or mismanaged marital property. This commonly takes the form of spending marital funds for the benefit of significant others or wasting marital property....
A Massachusetts court-ordered parenting plan governs how parents will share the "care and custody of their children," a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents' interests in religious...