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....
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Family Law
The court didn’t give me custody of my children. Am I a bad parent?
In most custody cases, both parents are good parents who can take care of the children. A judge has to decide custody between two good choices. In most Massachusetts custody battles, custody is not decided on the basis that one parent is bad. The standard applied by...
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...
What rights do gay spouses have in custody battles?
For centuries, the law has struggled with issues surrounding rights of spouses in custody battles. Of course, until recently, all of these battles have involved heterosexual couples. When a married woman gives birth, who is the father? What rights does a married man...
My spouse cheated on me, can I sue for damages?
For most people, marriage means that the two spouses will not have sexual relations with any person except their spouse. Unfortunately, sometimes this right of exclusive sexual access is violated. When this occurs, there is a desire on the part of the innocent spouse...
How to prepare for a divorce
Some people make the decision to divorce in an instant. Others find the decision to divorce is a long process that percolates over time. If you are a person who is thinking about divorce and moving towards ending your marriage, then the following actions can help you...
Court ruled DOMA unconstitutional
On May 31, 2012, the First CircuitCourt of Appeals unanimously struck down Article 3 of the Defense of Marriage Act (DOMA). DOMA was enacted in 1996 in response to the possibility that Hawaii would legalize same gender marriage. Section 2 of DOMA allows individual...