On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Custody on Thursday, February 16, 2012
An important judicial ruling was handed down by the Massachusetts Appeals Court on Feb. 2 regarding the rights of same-sex couples in child custody litigation. The court determined that child custody disputes between same-sex couples shall be treated in the same manner as disagreements are treated between heterosexual couples. The case arose when a same-sex couple from Suffolk County filed for divorce. They had arranged together for the artificial insemination of one partner two months before they were married. At issue was a current state law that refers only to a "husband" and a "married woman."
The individual who was artificially inseminated sought to terminate her ex-spouse's legal standing, since the woman was not a "husband." But the court disagreed, noting that both people were involved throughout the artificial insemination process and shared parenting duties while the couple was married.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Tuesday, February 7, 2012
A recent news article offered some interesting facts concerning marriages in Massachusetts. We typically hear that about half of all marriages end in divorce, and for that reason, media reports are full of stories and articles about celebrity breakups and matrimonial law topics. While these often cover important and relevant issues, it bears mentioning that statistics show our state ranks among the lowest in the country when it comes to divorce.
Nationally, 9.45 percent of people are divorced. However, Massachusetts has been among the states with the lowest divorce rate since as far back as 1994. Indeed, some communities around Boston hover at just over 7 percent. Boston itself comes in at 7.52 percent. The city of Malden, just north of Boston, was even listed at number 47 on the 'least-divorced list' for the entire country.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Guardianship on Monday, January 30, 2012
A Massachusetts appeals court has balked at a probate judge's order directing a mentally ill woman to have an abortion and to undergo forced sterilization. The 32-year-old woman suffers from schizophrenia and bipolar mood disorder. Pregnant on two previous occasions, the woman had an abortion the first time and gave birth to a baby boy on the second occasion. The boy is being raised by the woman's parents. In December, the Massachusetts Department of Mental Health (DMH) requested that the parents be granted a temporary guardianship for the purpose of consenting to an abortion on the woman's behalf.
Despite the fact that the woman said she opposed the abortion, the probate court not only granted the guardianship, but also directed that the woman could be misled in order to get her admitted to a hospital for the purpose of an abortion. The court also expressly directed that the woman be sterilized during the hospital stay in order to avoid any future pregnancies. While the DMH had requested the guardianship, it did not request that the court order an abortion or sterilization.
On behalf of Claudette-Jean Girard, Attorney at Law on Thursday, January 26, 2012
Credit scores are an important part of life for many people in Massachusetts. Good credit scores allow you to obtain loans for a house or a car, and some employers are even starting to take credit scores into account when making hiring decisions. However, certain things can rattle a credit score. The obvious is not making payments on time, but what about getting a divorce?
As some Massachusetts residents may know firsthand, divorce can seriously hurt your credit score. If your ex-spouse managed the money but never paid on time, it likely damaged your credit as well. On the other hand, if all of the accounts were in your spouse's name, you may have a very thin credit history, which can be equally as difficult to work with. Fortunately, there are a few ways that you can start digging yourself out from a bad credit score.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Thursday, January 19, 2012
Marianne Gingrich was having dinner with her mother one evening in 1999. The phone rang, and the call was for her. Her husband, Newt Gingrich, was at the other end of the line and said, "I want a divorce." Marianne Gingrich found the whole thing very difficult to understand. This is because one day, the former Speaker of the House was contemplating divorce, and days later, he was discussing family values in a public political speech.
In the weeks after that phone call, Marianne and Newt Gingrich saw a counselor. During that time, he seemed to waiver about what he wanted to do. The couple discussed an open marriage, but ultimately, their vows collapsed.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Wednesday, January 11, 2012
As many Massachusetts residents know, divorce can have a profound effect on a person's life. In divorce, two merged lives are separated, resulting in significant changes that affect each person differently. A recent study performed by a major university indicated that divorce could negatively affect a person's health.
The study, for which researchers reviewed data from 30 other published studies, showed that people who went through a divorce were 23 percent more likely to die early compared to married individuals. While this may worry some who are considering divorce, researchers said the findings are not conclusive, suggesting, perhaps, that side effects can vary from person to person.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Friday, January 6, 2012
Divorce is a complicated process. It can involve child custody, alimony, asset division and child support. However, there are steps a person can take to not only make it less complicated, but also to help make sure they are protected when it comes time to divide assets. Today we'll touch on how to protect your finances during your divorce.
Most of what this deals with are things you and your spouse owned jointly. Think about it. Couples often have a lot of joint accounts -- joint checking accounts, joint insurance policies and joint tax returns. In order to protect your assets and your livelihood, it's best start thinking about these as soon as the decision to divorce is made.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Custody on Saturday, December 31, 2011
In a story that may bring hope to Massachusetts parents who are struggling with custody issues, one man has just learned that he will finally get his day in court. The man, who recently learned the court will hear his case after winning an appeal, is fighting for custody of his stepson. The man, who believes himself to be the boy's father, has always been a part of the boy's life and now plans to exercise his right to child custody.
The boy's biological father passed away in a car accident before the child was born. The stepfather was present at the boy's birth and cut the umbilical cord. He later married the child's mother, but the couple soon thereafter divorced. Since that time, he has remained in close contact with the boy and is now fighting for legal rights. Because there are no statutes covering this type of situation, instances are addressed on a case-by-case basis.
On behalf of Claudette-Jean Girard, Attorney at Law posted in Divorce on Friday, December 23, 2011
As many people in Massachusetts who have gone through a divorce know, divorce is not something you plan for. However, sometimes it ends up being the best thing for a couple. It seems, though, that the high rate of divorce in the U.S. has made some young couples wary of marriage.
Several recent studies have shown that hesitancy to get married is a trend among young people. Interestingly, one survey of cohabitating adults shows that women, more than men, were worried about becoming stuck in a marriage. Nearly 70 percent of survey participants said the emotional, economic and social effects of divorce worried them, leading some, perhaps, to stick with living together instead of getting married.
By Andrew Bradfish posted in Divorce on Thursday, December 15, 2011
They've spent a year separated, with minimal contact. One of them was overseas, unable to come home except for a short stay when the job allowed. This wasn't a legal separation, or one that either of them wanted, but now it's leading to divorce. As troops come home, often from extended deployments overseas, military couples are finding trouble keeping their marriages alive.
According to USA Today, nearly 30,000 troops will divorced this year, marking the largest percentage of military divorce in 12 years. As the war in Iraq ends, many troops are reuniting with their families and spouses who they haven't been around for extended periods of time. Their children may have grown a year or two older and their spouses may have found new jobs or started new hobbies. These changes, on top of readjusting to home life might be all too unbearable for a married couple to deal with.
