People now have the ability to interact with their homes in a way that wasn't even imagined ten years ago. We now have the ability to control things when we are away from our homes. We can turn lights and appliances on and off. We can change the temperature in the...
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In Massachusetts you can’t sue for fraudulent inducement to marry
What do you do if you find out that your spouse lied to induce you to marry? What do you do if your spouse married you just to get your money? What do you do if your spouse lied to get you to marry for immigration status? What if you find out your marriage was based...
Should you file for divorce because of the new tax law?
In writing this article I am not encouraging people to file for divorce. In my opinion, the decision to divorce or stay married should be based on a desire to spend the rest of your life with your spouse. It should not be based on financial factors. There are many...
Don’t give in to peer pressure bullying negotiations
Don't give in to peer pressure bullying negotiations.1 From the time that I started practicing law others have told me do act in a particular way or do things differently using the argument “that's how everybody else does it.” In most instances this advice was...
Separation agreements can’t contract away bankruptcy protections
I recently negotiated a separation agreement in a divorce in which the opposing attorney insisted on inserting a clause that on its face prevented the parties from receiving the benefit of bankruptcy laws if one of them filed a bankruptcy petition in federal court....
Massachusetts alimony law – durational limits and prior divorce judgments
In 2012 Massachusetts divorce law changed by implementation of an Alimony Reform Act. A recent case, George v. George, interpreted and explained a portion of the law known as durational limits. Under prior law, alimony was awarded for life or until a material change...
Prepare for a divorce – create a household inventory
In most cases, people anticipate a divorce before it happens. While some actions taken before a divorce can receive an adverse reaction from a spouse, creating an inventory should not. Creating an inventory can be helpful in case you suffer an insurance loss such as...
Civil remedies for spying with technology
In the past I have blogged about using technology to spy on a spouse the potential consequences. I have written about criminal penalties, and civil lawsuits. A recent case, Tinory v. DePierre, Mass.App.Div. No. 14-ADMS-4022 (2015), involved a GPS device planted on a...
Pre-nuptial agreements are not automatically enforced
Pre-Nuptial Agreements are not automatically enforced. Pre-nuptial agreements in Massachusetts are enforced if they are fair at the time of the execution of the agreement and fair at the time of the enforcement of the agreement. Fairness at the time of the execution...
What can a parent do when they are the victim of parental alienation?
There is no perfect answer to this question. As long as one parent keeps fueling the alienation flames, the alienation will continue. Every case of parental alienation is different but the cause is the same. One parent uses the children as weapons to hurt the other...
