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

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Hi there,

I hope you are enjoying our belated summer weather as much as I have been.  I missed posting last week because I couldn't drag myself out of my garden to sit at the computer.

It looks like alimony reform is almost here!

The next legislative steps appear pretty certain and those in the know (not me) seem to be anticipating passage in the current legislative session, which ends with June.  The bill was due to be debated today, it is already out of the judiciary committee, but debate on the floor was delayed due to efforts to help the folks in Springfield.

The act makes a lengthy and complex change in the law, which will trigger a lot of modification cases.  It will also cause a lot of unexpected litigation, as payors attempt to prove their exes are cohabiting.
 

I think that an unanticipated side effect will be a surge in divorce filings, as the bill contains drop dead times when filing for divorce later rather than sooner, will result in paying alimony longer.

 
But there is a law of unintended consequences.  Any time the legislature or the courts change the way families are dissolved there are abiding socioeconomic consequences that have usually not been considered.  There will immediately be a number of older alimony recipients who have made certain plans for retirement and whose lives will be undoubtedly disrupted.  I am old enough to have seen the drastic socioeconomic results of the passage of the no fault divorce laws.  Women's post-divorce economic standing dropped considerably, the numbers of divorces increased, and as a result, the status of children was affected.

I have no doubt that many situations for both genders will be improved by passage of this bill. Women are second wives as well as first wives, women as well as men pay alimony.  Divorce lawyers, myself included, are already using the proposed law to try to settle cases.  The real effects will not be visible for years to come. 

Best,
 

Nancy

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Hi there,

Since we learned yesterday that Massachusetts Attorney General Martha Coakley is filing a law suit against the federal Defense of Marriage Act (DOMA), speculations have been flying about what this means and what will happen. The lawsuit questions the constitutionality of Section 3 of the law, which defines the word "marriage" as "a legal union between one man and one woman as husband and wife."

Why?
We just celebrated the 5 year anniversary of allowing same-sex marriage in Massachusetts. Since then, at least 4 other states (Maine, Vermont, Connecticut and Iowa) have legalized gay marriage. Even though gay marriage is recognized in these states, it is still not recognized at the federal level.  This causes problems on many levels – taxes and adoption of children to name just two. According to the Boston Globe, “The suit filed in US District Court in Boston claims that the Congress, in enacting the DOMA, ‘overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.’”

Issues
Gay and lesbian married couples struggle with very different tax treatment as the federal government, the main taxing authority, doesn't recognize gay marriage due to DOMA.
Due to the current regulations under DOMA, we have to approach gay divorce with a very different analysis then divorce between a straight couple both because of the very complex tax implications and the issue of what is the actual length of the marriage (one of the critical factors in setting support and dividing property).

So I am delighted to see that Attorney General Coakley has done this.  It will be fascinating to see what happens,

Best,

Nancy

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Hi there,

Great News from Vermont - gay marriage is now legal! I know this can be a political hot button, but ever since I read the Goodridge decision (PDF) which made Massachusetts the first state in the nation to legalize gay marriage, I have been proud to hail from Massachusetts. Vermonters can now feel the same pride.

Tell me what you think.

Best,
Nancy

 

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Hi There,

Along with many folks my age I have been watching the news regarding Chris Brown and Rhianna with a jaded sense of "here we go again, another classic case of domestic violence playing itself out in the media."  Then the other night I heard a truly terrifying statistic - a poll of 200 Boston area teens revealed over half of them believed that Rhianna was at fault.

Domestic violence is real and the victims are NOT at fault . Oprah (no guys, I don't watch her someone told me about it) had a good show on this last week. 

If you are a victim of domestic violence here are some useful links where you can find help:

• Jane Doe, Inc - The Massachusetts Coalition Against Sexual Assault and Domestic Violence
• Abby's House - Provides help to homeless, battered women with or without children
• National Domestic Violence Hotline - The Hotline is toll-free, confidential and anonymous.  1-800-799-SAFE (7233)
• United States Office on Violence Against Women - National hotlines and help for victims

Massachusetts has an excellent violence protection statute too.

May you never need these links,

Best,

Nancy

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