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If a party seeks permission from a judge to move to another part of Massachusetts, a Judge will consider the request under the same standards that apply to removal out of Massachusetts. The Court can prevent the move "where the relocation would evidently involve...
The obligation to provide health insurance to an ex-spouse is spelled out in the divorce decree. If the decree incorporates a separation agreement, the separation agreement will describe the obligation. The problem is that a family plan which will cover an ex-spouse...
Every now and then I find an advertisement for a $99.00 divorce. Sometimes it’s an ad for a twenty-four hour divorce. While these sound great, they won’t get you divorced. These ads offer divorces in foreign countries like Caribbean islands. They will get you a...
In the recent Supreme Court case of Abbott v. Abbott, 130 S.Ct. 1983 (2010), the Court ordered a child returned to Chile. In this case, the mother had custody under proceedings in Chile and removed the child to the United States in violation of Chilean law. While the...
I received an email from a woman who was told that she couldn’t get child support because she never married the father of the child. I don't know why she was told this. However, it is wrong advice. An unmarried parent can get child support if they can establish the...
Mediation as a way to settle divorce cases is growing in popularity. If it works, it will save the parties money and will be quicker than a divorce trial. However, mediation is not for every couple. Mediation is a process that encourages compromises. If both parties...
A common misconception in Massachusetts is that children can decide custody at age 14. This leads parents to try to influence or bribe the child to gain an advantage in a divorce. Legally, a child can decide which parent will get custody at age 18 when the child is an...
A successful divorce means different things to different people. To some people, it means that they beat the system and hid assets so they received more assets in the property division. To others, it means that they made their spouse suffer during the divorce...
In Massachusetts, a modification action to increase child support can be filed upon a material change of circumstances or every three years. A person receiving child support needs to know about the other parent's income or they are likely to file a modification just...
In the recent case of Ansin v. Craven-Ansin, Massachusetts established that spouses can contract with each other in limited circumstances. Known as marital agreements, postnuptial agreements, or postnups, these agreements can be used in an effort to save a marriage...
