Massachusetts Divorce Law Monitor : Boston, MA Divorce & Family Law Lawyer & Attorney : Nancy Van Tine : Burns & Levinson Law Firm

Hi there,

Massachusetts has had mandated parent education for some years.  The course is titled "Understanding the Effect of Divorce on Children" and more information can be found here (PDF).

I have always thought it was a good idea, not everyone gets it, of course, but I think many do. Simple civility and how to keep the kids out of the middle are a great idea for divorcing parents.  A colleague sent me this article* which seems to indicate that these requirements have a beneficial effect.

I was also interested to see that the divorce rate is dropping.

Best,

Nancy

*UPDATED 11/30/09: Link removed as article now blocked from public viewing by the AP.

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Hello there,

I find this to be a very interesting topic that everyone has a different opinion about and as I wrote this I realized what I was writing was different from my usual posts, but what the hell?!

I am sure one of the more difficult issues faced by a parent contemplating divorce is the effect of the divorce on the kids. I see many folks who are uncertain as to whether or not to stay in a pretty untenable situation simply because they want their children to be older and they think more able to accept before they divorce.

Through years of watching families, reading and observing children of friends, I am not so sure that this is so. I actually think the younger the kids are when the divorce happens (assuming the parents are civil and flexible about parenting) the easier it is for the kids to adapt. A 2 year old has very little difficulty where a 13 year old is at a developmental point where this can be much harder. I also think that a child in college may be more vulnerable than one who is around and in high school. And oddly enough I think that adult children have a very tough time, perhaps because they need to then rethink their childhood and possibly because parents tend to be more open with an adult child.

I would very much like to hear your comments and feedback on this post because as I said it is totally anecdotal and may be off base.

Best,
Nancy

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Hi there;

Right now one of the more interesting discussions in matrimonial law in Massachusetts is how long should alimony last.  Currently, judges lack the authority to terminate alimony with any finality, due in part to the fact that unless there is an agreement between the parties that the court won't be able to change the alimony provisions, any judgment regarding alimony is not necessarily final and often must be rather open-ended (or as we in the trade describe it alimony ends at death or the recipient's remarriage).

This has resulted in a lot of anomalous situations, the most common of which has to do with retirement.  As a result, there is a move afoot to eliminate alimony upon the retirement of the payor spouse.  There is currently a case pending before the SJC which will determine how this goes. Boston Magazine had an interesting article on this recently.  However, as with so much in family law, there can be circumstances that require a different result, as well as the application of judicial discretion.  David Cherny, another prominent divorce attorney in Boston, had an interesting comment on Fox News in this regard.

As with so much else in divorce, I think the question of alimony should be decided on a case by case basis.   Formulas tend to miss the realities and nuances of people's lives and a divorce decision should, if possible, honor that.

Best,

Nancy

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Hi there!

And now for a piece of shameless self promotion, I want to thank Beth Healy for the terrific piece she did about this blog in the August 9 edition of the Boston Sunday Globe.

Enjoy!

Nancy

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Guest post by colleague, Ronald Barriere, Esq., Associate at Burns & Levinson LLP.  Mr. Barriere is a member of the Firm's Divorce & Family, Private Client and Probate & Trust Litigation Groups. 

There has been plenty of press in recent months about the woeful economy's impact on divorces, but one of the most interesting I've encountered was in Details magazine. 

So called "nesting" arrangements are uncommon during the pendency of a divorce action. Parties who would otherwise move out and secure a rental property or - if their means allow - purchase a new property, will sometimes stay in the marital home out of concern for the children's transition or for fear that they will forfeit their right to the marital home by leaving. However, what is less common is the situation where parties choose to remain under the same roof during the pendency of the divorce - or even after a divorce is finalized - solely due to market forces. The article suggests that these arrangements may become more common as the recession continues, and poses the unanswerable question: "How do I move on if s/he won't move out?"

Beyond the obvious emotional considerations of such arrangements, they raise a multitude of other legal issues. For example, most property divided during a divorce is valued as of the date of the divorce, but what happens when the parties remain in the property beyond the divorce? How is the mortgage to be paid, and who should receive the credit for additional payments made during the period when the parties are cohabitating after the date of divorce?

Whether we are witnessing the start of a new trend remains to be seen, but what is clear is that parties wading into these waters need focus on both the economics of their decision and the emotional fallout that will inevitably result. Parties with children must be especially careful in weighing the costs and benefits of this arrangement, and be mindful of the messages they are sending to their children about where their lives as married persons end and where their lives a single parents begin.

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Hi there,

I have never been so glad to get back to the office after a vacation. I cannot recommend moving as a vacation experience.

I found this article to be an amusing take on what is a common enough divorce experience to also be featured in a Sprint commercial.  Peter Zupcofska, a partner in the Firm has direct experience with this issue.  Check out the article he was featured in in GQ magazine!

Enjoy!

Best,

Nancy

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Hi There,

Below is a compilation of the divorce process in 10 steps.  I've done a comprehensive post on each step, but decided to put them all together in one place.  Clicking on each title will bring you to the separate posts.

Step #1: The Complaint for Divorce, An Aptly Named Document
For most divorcing couples the legal process begins with filing what is called the complaint. This is a form which sets out the basic information the Court and the other side need. In addition to the obvious, it asks where you last lived together as this tells the court whether or not you have filed in the right county and whether Massachusetts has jurisdiction.

Step #2: Don't Change Things
When the complaint for divorce is filed, the automatic restraining order on assets immediately applies to the filing party and as soon as the other side is served with the complaint the restraining order likewise then applies to him or her.

Step #3: Temporary Orders; The Road Map for the Future
After the defendant has been served or has entered an appearance, one or both parties usually file a motion asking the court for temporary orders. These deal with important issues.

Step #4: Discovery; Which Is Just That
Discovery is the point in the process where the attorneys, using various legal tools, are able to quantify just what is going on financially, as well as with other concerns, such as custody or parenting issues. 

Step #5: Depositions: Do's and Don'ts
Absent a trial (and at least 95% of all divorce cases settle without one) a deposition is often the only time the parties to a divorce testify under oath.  

Step #6: What Is A GAL?
GAL is shorthand for a guardian ad litem, which is Latin for a guardian for the litigation, which is an arcane term for a person appointed by the judge in a divorce case generally to perform certain investigatory services in a custody or parenting matter. 

Step #7: The Four Way Meeting
This the term used to describe the Court mandated meeting between the parties and their lawyers that must take place prior to the pretrial conference.  

Step #8: The Pretrial Conference; for many, the last step
Done well, by both counsel and the judge, the pretrial conference is a great opportunity to settle a divorce case. The idea behind the pretrial conference is that the judge can read the memos and the financials; ask the lawyers if they have anything to add then the judge can tell everyone what he or she thinks about the areas of dispute. Then the parties and their lawyers (who hopefully have also brought draft agreements with them) go out in the hallways and try to reach an overall settlement. 

Step #9: The Uncontested Divorce Hearing or "Is That All There Is?!"
The uncontested divorce hearing is often a culture shock to the participants.  While there is a great deal of ceremony around the actual act of marriage, divorce itself has all the charm of a trip to the Registry of Motor Vehicles.

Step #10: Trial: Avoid it if you can
If you are one of the approximately 95% of couples whose divorce will settle by agreement, be grateful; for the remaining 5%, this post is the barest of bare-bones descriptions of the process.

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