On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Custody on Wednesday, May 16, 2012
Both during and after a divorce, child custody can be a difficult question for some parents in Massachusetts. The determination as to which parent a child should live with is often the subject of heated debate during the divorce process. Once child custody is awarded to a parent, however, in many cases there can be no relocation of the child without the consent of the court or the other parent.
A parent who has primary custody may request that a court approve a move away from the other parent, though the reasons typically concern a new career opportunity or other economic benefit. In such cases, the custodial parent must convince a court that the move is necessary and that the modification to the parenting plan is in the best interests of the child.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Monday, May 7, 2012
When a person in Massachusetts becomes suspicious about the activities of their spouse, it might seem tempting to spy on them. Now it is easier than ever to check on a mate with technological advances such as miniature cameras, recording devices and software. When a couple is facing a divorce, some soon-to-be ex-spouses find the temptation to spy irresistible.
The American Academy of Matrimonial Lawyers has noted that nearly all of the divorces filed five years ago had at least some electronic evidence. This evidence may be admissible during a divorce proceeding and can include such social media websites as Facebook and Twitter. It is also common for text messages to be used in divorce matters, according to some officials. And now, personal spy equipment like hidden cameras is becoming the norm.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Tuesday, May 1, 2012
Every divorce in Massachusetts happens for a different reason. In some cases there may be infidelity. In others, the couple seeking divorce has simply grown apart and wants to move on to another stage of their lives.
When contemplating how to go about obtaining a divorce, there are several options from which to choose. Traditionally, a couple files for a divorce in the appropriate court and, along with their representatives, litigates the matter. This can include a great deal of court intervention and can last months or even years in cases where the spouses are not able to agree.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Custody on Tuesday, April 24, 2012
Determining child custody in a divorce can be an emotional issue for both parents in Massachusetts. While each parent wants what is in the best interests of their children, they often disagree about where the children should live. Adding to the child custody question is the issue of child support for a noncustodial parent in many cases.
Readers in Massachusetts may be interested to learn how one state is looking to change child custody laws by creating a presumption of joint custody. This change would presume in every divorce case involving child custody questions that both parents have joint physical and legal custody. Proponents say the new legislation, if passed, would benefit the more than 250,000 children in the state that spend little to no time with one of their parents.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Tuesday, April 17, 2012
Massachusetts readers may be interested to learn that TV host and model Heidi Klum has announced that she has officially filed divorce papers against her husband, singer Seal. This divorce announcement comes after the couple told the media in January that they had decided to separate. The couple has been married for seven years.
Known to many for her role on the television show "Project Runway," Klum and her soon-to-be ex-husband told reporters that the split was amicable and that they still loved and respected each other. In fact, until the separation, Klum and Seal had been known for their annual renewal of wedding vows. When they separated in January, they issued a joint statement acknowledging that they had grown apart.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Friday, April 13, 2012
One of the most difficult things about going through a divorce can be talking to your kids about it. However, experts stress the importance of communicating often with your children to foster a healthy, trusting relationship. It also allows your children to voice their concerns throughout the divorce process.
Of course, while most parents would love to have their children open up about their feelings about the divorce, many aren't quite sure how to begin the conversation. As many parents know, kids don't always respond following a request of "let's talk."
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Support on Tuesday, April 10, 2012
Child support is often part of any divorce or child custody case that involves minor children. Child support is typically paid to a custodial parent by the noncustodial parent to assist with living expenses for the child. It is ordered to be paid on a monthly basis in many cases, and there are severe consequences in Massachusetts and elsewhere for someone who willfully fails to honor his or her court-ordered obligation to pay.
Some may feel that celebrities don't get the punishment that they deserve when they disobey the law. And in many cases, this may be true. However, NBA legend and Hall of Fame member Dennis Rodman is reportedly facing consequences for allegedly not paying child support and spousal maintenance to his ex-wife, Michelle Rodman.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Family Law on Thursday, April 5, 2012
Sweeping alimony changes have proven popular with citizens of Massachusetts. In the past, alimony payments proved higher than most other states, partially because the state awarded lifetime alimony for short marriages. With the new reforms, there are now clear rules outlining alimony duration and virtually eliminating lifetime support. The new rules also allow judges to end alimony payment to ex-spouses who are cohabitating with new partners, regardless of marital status.
Although Massachusetts has a reputation for being progressive, the state resisted alimony overhaul for many years, leading to occasionally bizarre and unpredictable legal outcomes. The new law now establishes an alimony formula which is based on the number of years married. For example, if a marriage lasted 15 years, alimony payments would generally pay out no longer than 10.5 years upon divorce.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Friday, March 30, 2012
Divorce can lead to financial issues for both spouses in some cases. This can be true when a Massachusetts couple does not plan their divorce effectively prior to filing. A review of the fiscal life of a marriage can mitigate financial issues as the divorce proceeds.
An early plan for a divorce can include a compilation of all assets and liabilities attributable to the couple. This list can be used to determine what assets or debts each member of the couple will keep after the dissolution is final. Without a clear list, there may be debts and assets that will be addressed in divorce proceedings. A comprehensive list should include adding all investments, retirement accounts and 401k plans. These accounts may be subject to property division in a divorce proceeding and should be included in an early planning process.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Support on Tuesday, March 20, 2012
In a Massachusetts divorce, child custody and support can be among the most contentious issues. Parents often argue over who will be the primary caregiver of a child and who will be responsible for the payment of child support. One recent case confronting these issues concerned children who were conceived through in vitro fertilization after the spouses were separated.
Reports say that an appeals court recently affirmed a verdict holding that a father is responsible for the twin children born to him and his wife after they were separated. In this unique case, the children were conceived using the father's sperm and a donated egg. The couple was on an egg donation waiting list before the divorce, but later the father agreed to allow the eggs to be fertilized and twins were born.
