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Do I Need To Follow Divorce Proceedings To Dissolve A Civil Union In Massachusetts?
- June 4, 2020
- Family Law
Massachusetts was the first state in the nation to declare that same-sex couples have a fundamental right to marry. Marriage is more than just a declaration of love and commitment; it’s a legal status. Generally speaking, marriage is desirable because it provides several unique rights, protections, and obligations at both the state and federal levels for both spouses, including tax and property ownership benefits. While many states now recognize[ ... ]
Child Custody In The Face Of Infidelity
- June 4, 2020
- Family Law
Massachusetts marriages end for a variety of reasons. From financial to work-related or even stress-related reasons, many marriages all over the country end in divorce. No matter the reason for the legal dissolution of a marriage, the ensuing divorce proceedings can range from amicable to hostile. A number of circumstances may add additional stress to the divorce process. Particularly, marriages that end due to infidelity. This situation can result in increas[ ... ]
What Is The Difference Between A Fault And No-Fault Divorce?
- June 4, 2020
- Family Law
In the Commonwealth of Massachusetts, the grounds for divorce depends on whether you decide on a no-fault or fault divorce. A no-fault divorce does not require parties to prove blame for the breakdown of the marriage. Either or both parties can file to begin the process for a no-fault divorce merely pleading that the marriage is beyond repair, and it is time to move on. The ground for this action is “irretrievable breakdown of marriage”. A[ ... ]
Am I Eligible To Adopt In The State Of Massachusetts As A Single Parent?
- June 4, 2020
- Family Law
To be eligible to be an adoptive parent in the state of Massachusetts, the law states you must be at least 18 years old, and you or the child must be a resident of Massachusetts. In most cases, any married couple or single adult is eligible to adopt. If married, both spouses must be a part of the adoption. In nearly every adoption case, judges in adoption courts will consider the child’s best interests when making adoption decisions. In Massachusetts, y[ ... ]
Is It Legal To Videotape My Spouse Behaving Badly (Verbal Or Physical Abuse, Infidelity, Etc) As Evidence In A Divorce Case?
- June 4, 2020
- Family Law
As thoughts turn towards divorce, tempers can flare and people may behave in ways they normally would not be proud of, even in a relatively amicable situation. Of course, the bad behavior of a spouse—ranging from neglect of household duties to infidelity to abusive actions—may well have begun long before the divorce, and may well be the reason for it. In seeking a favorable divorce settlement, one that compensates you for violations of the marriag[ ... ]
Holiday Custody
- June 4, 2020
- Family Law
The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents, or happily mixed step-families might experience some tension and conflict around this time of the year. Given the s[ ... ]
Mistakes To Avoid During Alimony Negotiations
- June 4, 2020
- Family Law
As a Massachusetts resident going through a divorce, you’re not alone. No matter your reason for divorce, one of the most contentious issues that arise in any divorce is the subject of alimony. Alimony payments—also known in some states as “spousal support” or “maintenance” is the legal obligation that a supporting spouse pay to the supported spouse. Massachusetts courts generally award alimony to the lower-earning spouse s[ ... ]
I Was Married And Last Lived In Massachusetts With My Spouse But Do Not Live In Massachusetts Now, Can I Get Divorced In Massachusetts?
- June 4, 2020
- Family Law
While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on how long you’ve resided outside of Massachusetts. While most states require you to be a resident before you may file divorce papers, the required length of residency varies per state. In most cases, it’s at least a minimum of six months.To file for divorce in the s[ ... ]
My Son And Daughter-In-Law Are Divorcing. As A Grandmother Do I Have Visitation Rights?
- June 4, 2020
- Family Law
Grandparents do have legal rights, however, regarding visitation, may require a court order under Massachusetts law. In the event the grandparents and parents can come to an agreement regarding visitation, court intervention is not required. When no such agreement can be made, there are certain situations grandparents may be granted a court order allowing visitations. Under Massachusetts law, grandparents have the right to ask a court for visitation i[ ... ]
I Recently Discovered Toxic Mold In My Apartment. Am I Allowed To Withhold Rent Until The Mold Is Removed?
- June 4, 2020
- Estate Planning
Landlords are urged to take mold seriously under Massachusetts law. Mold is considered a top environmental concern which can grow quickly. Regardless of what may appear in a written lease agreement, landlords in Massachusetts are bound by “implied warranty of habitability.” This is a legal doctrine that requires providing tenants with apartments in livable condition. Tenants in Massachusetts have the right to pursue two common legal self-help stra[ ... ]
