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Category Archives: Divorce Process

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Appeals: Not All Courts Are Created Equal

Posted in Divorce Process

Hi there, I hope you are all staying cool. It’s brutal out there today! The court system is hierarchical. Each court has authority to render judgments and decisions but until you hit the Supreme Judicial Court, those judgments can be appealed only if the judge somehow did not comply with the rules that govern hearings and… Continue Reading

What Is a Deposition?

Posted in Divorce Process

Hi there, A deposition is a tool that lawyers use to get information from witnesses or from the other side. It’s one of the most effective tools the lawyers have, both to find out what has really gone on and to discover what kind of a witness their client and the other side will be. It’s a… Continue Reading

Divorce Papers Served Via Facebook

Posted in Divorce Process

Hi there, The internet is abuzz with news that a woman successfully served her soon-to-be-ex husband divorce papers via Facebook. “Service of process,” also known as “serving divorce papers,” is one of those things that is extremely important but usually only interesting to lawyers. Its timing is important in Massachusetts because the length of the… Continue Reading

Start Your New Life!

Posted in Divorce Planning, Divorce Process

“Don’t hold together what must fall apart. The familiar life crumbles so the new life can begin.” — Bryant McGill Hi there, A friend recently sent me that quote. I love it because it’s so hopeful. February and March are historically a very busy time for new divorce filings. In general, divorce attorneys see a lot… Continue Reading

Lawyers, Legalese and Latin: Why Lawyers Are Such Language Junkies

Posted in Divorce Process, Domestic Violence, Miscellaneous

Hi there, I think of myself as a down-to-earth person,  but I unthinkingly use language that is the opposite. I blame this on my law school education, although I think lawyers self-select with a love of language and words. Last week’s post was titled “Domestic Violence Redux.”  It wasn’t until I was asked for the… Continue Reading

Body Language in Court

Posted in Divorce Process

Hi there, Summer is almost here (thank goodness!), and instead of my usual rant on what NOT to wear to court I thought I’d write about body language in court. Body language and facial expression are more important than you might think. Most first impressions are made in the first few seconds, and in that time it’s… Continue Reading

In Divorce, Compromise is NOT a Dirty Word

Posted in Divorce Process, Parenting, Children & Divorce

Hi there, While listening to the recent doom and gloom about the government shutdown, I was incredibly annoyed by the perception that everyone in elected office in Washington should have been forced to compromise by their own common sense. It also occurred to me that Washington is not unlike divorce court. Opposing sides, rigid positions, angry murmurs —… Continue Reading

Did you know? October is National Cyber Security Awareness Month

Posted in Divorce Process, Information Security, Parenting, Children & Divorce

Hi there, Did you know that October is National Cyber Security Awareness Month? I hadn’t, although as a survivor I do know it is Breast Cancer Awareness Month. I am pretty conscious of how public the Internet is and how dangerous being online can get if you are in the process of divorcing.  I have… Continue Reading

Parental Alienation: Part 2

Posted in Divorce Process, Domestic Violence, Parenting, Children & Divorce

Hi there, Parental alienation in the divorce process may be an unavoidable fact of life.  Bad situations can make good people behave in destructive ways, and, of course, not everyone pursuing divorce is a good person. As I started to discuss in my last post, there seems to me to be a dramatic increase in the number of divorce cases… Continue Reading

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 2

Posted in Divorce Process, Finances and Divorce

Hi there, This week my very smart colleague Jen Green is back with Part 2 in her series of important tax issues that need to be considered when dividing marital property during a divorce.  Best, Nancy    4. Principal Residence The marital residence is one of the largest marital assets. In general, the tax code provides that… Continue Reading

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 1

Posted in Divorce Process, Finances and Divorce

Hi there, I’ve written before about the emotional roller coaster that can come along when it’s time to divide assets during the divorce process.  Today my colleague Jen Green offers the first of several tax rules – and their consequences – for transferring certain property between former spouses.  Stay tuned next week for her assessment… Continue Reading

Tips to Protect Your Privacy When Separating – Part 2

Posted in Divorce Process, Finances and Divorce, Information Security, Parenting, Children & Divorce

Hi there, In last week’s post I shared some tips to help protect your privacy when divorcing.  Following are a few more to consider. 1. Whether you move or stay, make sure that the post office has all the necessary address changes.  Also be sure to contact all the credit card companies, phone carriers, banks, etc. with your… Continue Reading

Modification Process in Massachusetts Divorce Cases

Posted in Divorce Process

Hi there, The modification process is a bit more streamlined than the divorce process, mainly because there is a lot less discovery.  Since the property division portion of a divorce agreement or judgement is not modifiable, issues of valuation are rarely necessary. Modification has a defined starting date: the date of the divorce.  What were the circumstances… Continue Reading

A Marital Disqualification

Posted in Divorce Process

Hi there, I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog. It made me think about a real evidentiary issue in divorce cases, the Spousal Disqualification.  This is not a privilege — privileges can be… Continue Reading

Divorce and the Fiscal Cliff

Posted in Divorce Process, Holidays

Hi there, If you follow me on Twitter you know I am a political junkie.  Politics affects our lives in many aspects.  Good political functioning requires compromise.  Reading both sides’ bitter complaints about the fiscal cliff agreement, it is clear that the deal represents a compromise.  Everyone is unhappy to some degree.  They are glad… Continue Reading

Top 5 To-Do’s When You Want to Divorce

Posted in Divorce Process

Hi there, August is drawing to a close, the new school year is just around the corner, and one of the busiest times of year for divorce lawyers is about to begin.  After school opens, after the Christmas holiday, the month of March and after the school year ends, seem to be the most popular times for folks to contact divorce lawyers. … Continue Reading