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

Hi there,

It appears that the divorce rate is declining.  That can only be considered good news, but anecdotally I think it means that the percentage of tougher cases has increased for practitioners. I have noticed our group seems to have a never ending stream of custody cases.  I am in the middle of a custody trial right now, so I decided to pass on some things that may help the kids.

First of all, Massachusetts has a mandated parenting course.  Divorcing parents of kids 18 and younger are required to take this course within 45 days of filing.  I try to get my clients to take it as soon as possible, as it can help with some very simple things.

Then from a child's perspective, how your parents tell you about the divorce is critical.   While there always should be a united, supportive front, many divorcing couples are unable to get past the immediate anger to present a united front.

Books help (In my world books always help, but that's another post).  Almost every library has an excellent selection.  A list of books reviewed by Benjamin Garber, MD and members of the staff of the Barr-Harris Children's Grief Center may be accessed here.

And remember, kids are resilient and they know when they are loved.

Best,

Nancy

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Hi there!

Divorce and taxes aren't quite as inevitable as "death and taxes," but with one out of three marriages ending in divorce it is close.  One of the blogs I subscribe to is called taxgirl and I just read a very good article there on divorce and taxes.

One thing to remember if you are part of a single-sex, married couple is that this does not apply to you as DOMA precludes the IRS as treating you as married.

Stay cool,

Nancy

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments (3)
• Trackbacks
• Share Link