If you read this blog, you probably know that I am a huge proponent of negotiating settlements in divorce cases. As an attorney who has spent her career in divorce litigation, I know firsthand the costs associated with bringing a case to trial, and the devastation that trial can leave in its wake. But convincing parties who are angry and have hurt one another to compromise is no small feat.
The length of time and expenses involved with litigation can, therefore, encourage parties to become more reasonable. In some instances, one of the parties may be truly unable to recognize that compromise is in his or her best interest. But in others, a letter from counsel, laying out the realities of the various choices available and asking the client to sign off on the unreasonable negotiating position he or she is forcing their attorney to take, can break the logjam. (There are also times that intractable issues exist that must be tried; however, that is very rare.) A lot of cases settle on the eve of trial, which is horrifically expensive. Over the years, innumerable judges have told me that the best divorce agreements leave both sides unhappy. I … Keep reading
The Supreme Judicial Court’s recent decision of George v. George provides guidance in applying the durational limits contained in the Alimony Reform Act.
The Alimony Reform Act, which went into effect in March 2012, provides that all alimony awards that predate the Act are deemed “general term alimony.” Under G.L. c. 208, §49(b), general term alimony awards end on a date certain based upon the length of the marriage, except upon a written finding by the court that deviation beyond the time limits is required “in the interests of justice.” Many alimony payors who file complaints to terminate alimony based on the durational limit are met with the defense that it is in the interests of justice for alimony to continue beyond the durational limits. In the November 28, 2016 decision of George v. George, the Supreme Judicial Court (SJC) sets forth guidelines for how a judge of the Probate and Family Court should apply the “interests of justice” standard.… Keep reading
Our team of attorney bloggers takes great pride in bringing you important legal updates and helpful suggestions. We’re honored to have been nominated for The Expert Institute’s 2016 Best Legal Blog Competition! This election year, there have been some tough choices to make. We’re glad that out of hundreds of competitors, our readers nominated us!
If you find the Divorce Law Monitor blog to be a helpful resource, it is up to you to vote for something you can truly rely on. Best of all, it only takes a few clicks.
You may know Nancy as the founder and editor of this terrific blog. Clients and colleagues know her as refreshingly honest, open, positive and tenacious – a challenging combination to find in this often contentious world of divorce law. Divorce is messy. Nancy always focuses on how to determine the best course of action for her client and the situation as a whole. She’s been a terrific role model for us all.
As a team, we’re proud to congratulate Nancy for being selected by Massachusetts Lawyers Weekly as one of their “Top Women of Law” for her outstanding contributions to the legal profession. The award celebrates outstanding achievements made by exceptional women lawyers who are pioneers, educators, trailblazers, and role models.… Keep reading
The Massachusetts Supreme Judicial Court (SJC) has ruled that a person may establish herself as a child’s presumptive parent without the need for a biological relationship to the child. The same-sex partner of a woman who gave birth to two children conceived via artificial insemination during their committed, but non-marital, relationship is entitled to the presumption that she is a legal parent of the children.
The Story Behind Partanen v. Gallagher
Karen Partanen and Julie Gallagher were in a committed relationship for 12 years, but never married. In 2005, they decided to start a family with a “shared intention of both being parents of the resulting children.” Partanen tried artificial insemination, but was unable to become pregnant. In 2007, Gallagher conceived a child using assistive reproductive technology and gave birth to a baby girl. In 2012, Gallagher gave birth to a son. Partanen did not adopt the children and never signed an “acknowledgment of parentage” form. This form would have given her legal status as the children’s parent.… Keep reading
If you’re considering a divorce, prepare to face some of the most difficult questions of your life. The divorce process doesn’t have to be a minefield of uncertainty, though. Some of the most common mistakes are also the most avoidable, as long as you have the right direction.
Join my colleague, attorney Michael (Mick) Judge for an inside look at the divorce process. He’ll touch on pre-divorce considerations (including pre-nuptial agreements, divorce mediation and marriage counseling), the divorce process, and post-divorce matters (including modifications and contempt actions). A financial advisor will join him to address many of the pressing financial implications of your divorce.
People have very strong opinions on whether to hire a divorce attorney. One friend may tell you, “Oh I didn’t use an attorney, and it was fine.” Another may say, “My attorney was terrible, the ex got everything!” Don’t let others’ experiences with divorce solely guide your decision when hiring legal counsel for your separation.
Many people think it’ll be easier if they don’t bring lawyers into the picture. They think they can save money, or allow the divorce to be less contentious. But even if you’re going to negotiate directly with your spouse or use a mediator, you still need to double check everything with an attorney. You don’t have to pay hundreds of thousands of dollars or drag your spouse into years of litigation, quite the opposite. Double-checking with an attorney can probably save you legal headaches down the road. They can provide more valuable information than you will ever find from google. Guidance on protecting your digital assets, new changes in alimony laws, rights you may not know about or complex processes to avoid.
Every situation is unique. If you have kids or complicated assets, you might need a top shelf divorce … Keep reading
If you find the Divorce Law Monitor blog to be helpful, we could use your assistance with something! Please indulge us as we ask for a quick favor. The Expert Institute is accepting nominations for the 2016 Best Legal Blog Competition, an annual list of the 100 best legal blogs. If Divorce Law Monitor is a good resource for you, we would be grateful for your nomination! The more nominations a blog receives, the more likely it is to be included in the contest, so every vote counts.
Despite the oppressive heat, it’s almost back to school time again. By this point in the summer most parents are pretty ready for school to begin. One of the best ways to make the school year smoother for your kids is to plan ahead with your coparent! Firm up a schedule as much as you can before the school year begins. There are a variety of apps available that are useful to help divorced parents mutually handle their schedules.
Make sure to include the following on your mutual planning calendar:… Keep reading