Divorce and Family Law Archives - Briones Law Group - Marlborough Divorce Lawyers and Personal Injury

Massachusetts SJC Decision Affecting Alimony and Child Support Calculations

The recent Supreme Judicial Court (SJC) decision in the case of Cavanaugh v. Cavanaugh has changed the way lawyers think about alimony and child support in Massachusetts family court cases. The SJC’s decision, which was issued in June 2022, has caused a significant shift in the way family court cases are approached, as it has revised the way in which income is calculated when determining support payments. In Cavanaugh v. Cavanaugh, the Court noted the

Can I request a protection order against my ex for cyberstalking?

When divorce is not something both parties want, it is not unusual for a spouse to act resentful or even retaliate against their partner. Many divorcing couples face stressful disputes during the process of separation. For some, these disputes can turn from emotional arguments to criminal crimes, such as stalking. Stalking is a serious, illegal offense. Whether committed physically (in-person) or virtually, stalking is a crime that is not taken lightly by the courts. A

What To Ask For In Your Divorce Settlement

A fair divorce settlement leaves both parties with what they need to start over. Before negotiations begin, you should discuss your options with your divorce attorney. To help guide your negotiations and avoid surprises, you should create a list of your nonnegotiables, the things you’re willing to be flexible on, and the things you’re willing to live without. Below is a list of topics to consider when determining what to ask for in your divorce

Massachusetts Child Relocation Laws After Divorce

Divorce, custody, and visitation are legally binding court rulings. While parents have the right to relocate, taking children is another matter. Under Massachusetts law, divorced parents are required to obtain permission from their child’s other parent or the court when relocating with their child. Relocating outside a specified location can impact custody and visitation rights. If you or your ex is planning a move that will alter the terms of any agreements made during a

What to Expect During a Massachusetts Divorce

When considering divorce, there is a lot at stake. Many people are overwhelmed by the legal aspects of divorce, so this article will outline some common questions individuals ask during a Massachusetts Divorce. How much does a Massachusetts divorce cost? Wanting to know the cost of divorce is understandable. Unfortunately, the answer differs for every case as each couple faces unique circumstances. Some common variables that can impact the cost of divorce include: The willingness

Can I get a temporary restraining order against my ex?

Individuals who are married, living together, have a child together, or have been in a substantive dating or engagement relationship can request an a 209A Order in Massachusetts, also known as the abuse prevention law which allows victims to ask for a court order to protect them. This is sometimes also referred to as an abuse prevention order, restraining order, or protective order. An individual seeking a restraining order must prove that the order is

Alimony, Child Support…and Plane Tickets? Navigating Long-Distance Child Custody Arrangements

Not Just a Drive Across Town Change can be hard on children, especially children of parents going through a divorce. The goal of the courts, as well as parents, is typically to see to the child’s best interest and try to provide as stable and consistent a lifestyle as possible. However, when parents live a significant distance from each other, or plan to move, this introduces new complications to a child custody situation. In this

It’s in Your Best Interest to Avoid a DCF 51A/B Investigation

The Massachusetts Department of Children and Families (DCF) takes allegations of abuse and neglect very seriously. When a report is made to DCF regarding suspected child abuse or neglect, a 51A report is filed. The 51A report initiates the intake process for a social worker or other DCF professional to reach out to the parents or caregivers to determine the report’s credibility and whether or not it indicates the need for an investigation regarding child

The Truth About Prenuptial Agreements And Who Should Have One

You may have recently entered a new relationship status—fiancée. However, the last thing on many new couples’ minds is a prenup. Couples often wonder if they need a prenuptial agreement. While some couples view a prenup as an exit strategy to a quick divorce, others view it as an insurance policy. Think of it this way, are you doomed to be in a car accident when you ride in a car with airbags? No, of

Who is responsible for paying debt after a divorce?

When couples decide to divorce, they understand the assets accumulated throughout the marriage will need to be divided. Generally, both parties seek homeownership and other real estate holdings, high-value assets, and child custody during this process. However, when it comes to debt, couples are usually slow to take responsibility. No matter who is responsible for accumulating the debt in a marriage, both parties can be held accountable. Under Massachusetts divorce law, marital property is divided

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Category: Divorce and Family Law