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.
]]> Massachusetts readers may be interested to learn about a recent case where a man is accused of removing his children from the country without the permission of the court or the children's mother. The man took the children to his native Gaza, ostensibly for his sister's wedding. However, he remained in Gaza with the children and has refused to return. The mother, who was born in the United States, consented to the children going to Gaza for the wedding, but claims that she never assented to having the children leave the country permanently.In this case, the man has now been charged with crimes relating to the removal of the children. It may be difficult for the mother to get the children back, however, because the man took the children to Gaza, which is not party to The Hague Convention treaty concerning international child abductions.
Source: Associated Press, "US claims father illegally moved kids to Gaza," May 2, 2012.
]]>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.
]]> Once it was more likely for a person seeking a divorce to consider hiring a private detective to see what the other spouse was doing. The information gathered could be used in areas such as child custody or to discover money that was being hidden. Now the use of private investigators is being replaced with small electronic devices. These items can be an inexpensive alternative to a private investigator, often costing as little as $200 to $300 and readily available on the Internet.When a couple in Massachusetts finds that they are headed for divorce, they may do well to consider what they say on the Internet or how they go about collecting evidence. By limiting social media , it can make it more difficult for the other spouse to spy. Oh the other hand, spying on a spouse can sometimes be illegal, so it may be wise to avoid it. In divorce it can be tempting to spy to learn what the other spouse is up to, but divorcing spouses may do well to use more conventional methods to get through a divorce.
Source: Houston Chronicle, "Spy gadgets infiltrate divorces as domestic snooping booms," Mike Tolson, April 29, 2012
]]>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.
]]> Relatively new trends in divorce rely more on negotiated settlements between the parties. Two popular choices for this approach are mediation and collaborative divorce. These alternatives typically involve less interaction with the court and may result in a savings of time and stress in some cases.Mediation involves a neutral third party who works with the couple to negotiate a settlement. The negotiations can include all family law issues, including asset division, child custody issues and spousal maintenance. However, it may make sense to consider the character of the other party prior to agreeing to mediation because all financial disclosures in mediation are voluntary. Thus, a secretive spouse may try to hide assets from the other spouse as well as the mediator.
Voluntary financial disclosure in mediation is a concern for a spouse who suspects their soon-to-be ex is hiding assets. A similar concern exists for those choosing a collaborative divorce. In this case, the parties and their legal representatives meet to negotiate a divorce and also rely on independent professionals including financial experts as well as a child advocate. The final agreement is then presented to the court for approval.
It may make sense for Massachusetts couples to consider all available options as they work to finalize their dissolution. When a couple cannot agree on an issue, it most often will fall to the court to make a determination. And while that is sometimes the only way to resolve issues when the parties simply cannot agree, others may discover that a less adversarial approach fits their particular needs.
Source: Forbes, "The Four Divorce Alternatives," Jeff Landers, April 24, 2012
]]>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.
]]> Those in opposition to the Minnesota legislation point out that joint child custody may not be the best solution for all families. As the law proceeds through the legislative process it may be changed to reflect the concerns of all involved.As a couple goes through the divorce process, they typically have many issues to consider. Not only do they have to work to split the assets accumulated during a marriage, they must decide with which parent their children should live for the majority of the time. Many of the decisions required in a divorce are worked through the negotiation process. In fact, one authority notes that 95 percent of child custody questions can be resolved through negotiation. However, when the parents can't decide, a court can make the decision. It will be interesting to see if Massachusetts lawmakers consider similar legislation to Minnesota's proposed joint child custody bill.
Source: Minnesota Public Radio, "House approves bill to change custody laws," Sasha Aslanian, April 18, 2012
]]>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.
]]> Klum and Seal are the parents of four young children, and both have noted that the well-being of the kids remained a top priority.As many Massachusetts residents know, couples who decide to divorce will typically confront such issues as child custody and property division, as well as child and spousal support. Although no negotiations between Klum and Seal have been finalized, it is likely that some talks have already been underway. It will be interesting to see how the celebrity couple decides to handle these common issues.
No one expects their marriage to end. However, people change along the way, and many couples do decide that divorce is right for them. When this happens, it is important that both people have a clear understanding of their rights and responsibilities as they move through the process of beginning a new life.
Source: WPTV, "Heidi Klum, Seal to divorce: Model and Project Runway host files papers in California," April 7, 2012
]]>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."
]]> Luckily, a recent article from the Huffington Post provided several tips for engaging in more productive communication with your kids. Here are a few of the tips, summarized:Know how to ask. Instead of giving your kids the third-degree, let them move into talking about their feelings by keeping the dialogue open. it is also very helpful to validate their right to their feelings, even if they are difficult to hear about.
Don't forget to listen. Although it comes natural to want to provide advice and "parent" your children when they are voicing concerns, sometimes it's best to just listen and paraphrase back what you are hearing. This way, the child knows he or he is being heard.
Be careful not to judge. Although a divorce can be an extremely stressful time, refrain from putting down your children or their other parent. By giving respect, you will get respect. It is also important to show your children that no matter what, they are loved.
Using these steps, parents can set the stage for open communication and hopefully get a better understanding of how their kids are being affected by the divorce.
Source: Huffington Post, "Keep Talking to Your Kids after Divorce," Rosalind Sedacca, April 13, 2012
]]>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.
]]> Massachusetts readers may be interested to know that Rodman, 50, could be facing 20 days behind bars for unpaid child support, unless he pays the child support arrears that he is said to owe, which is said to be more than $860,000.Rodman was ordered to pay $50,000 per month in 2010, but the child support figure was reduced later to $4,500 per month. In November 2011, Rodman was found in contempt of court for violating the court's order requiring him to pay child support for his two children. Rodman's lawyer has said that the former NBA star has been making payments on child support and will be fighting to overturn the finding. The case has been postponed to May 29 for sentencing.
Source: The Huffington Post, "Dennis Rodman In Court: NBA Legend Facing Jail Over Child Support Payments," March 28, 2012
]]>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.
]]> Furthermore, long-term alimony obligations will now likely terminate once retirement age is reached, and new alimony categories have been created with specific rules governing each category. One particular category, reimbursement alimony, would be awarded if a spouse were to put his or her former partner through school. The comprehensive changes come due to the economic slump and criticism that the previous alimony laws denied former spouses the ability to reduce their alimony due to job loss or reduced income.Although the law has been decisively changed, judges are still allowed discretion in establishing payments and term-lengths. Nevertheless, citizens and lawyers have praised the new laws, stating that the changes will make the process more predictable. Massachusetts citizens can begin requesting alimony hearings on March 1, 2013 depending upon the length of the marriage.
Source: MassLive, "Overhaul of alimony law wins praise," Jack Flynn, March 26, 2012
]]>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.
]]> Once a clear picture of the financial issues that may come up during a divorce proceeding is developed, it is easier for a couple to enter into negotiations. A settlement can be reached when each party is willing to fully address all aspects of the financial life of the marriage. If no agreement can be made between the parties as to the distribution of assets and debts, often a court is asked to step in and make a determination. In this instance the court will review for fairness, as well as taking into consideration issues such as the ownership status and equitable share for each piece of marital property.After a Massachusetts divorce is final there may be a few financial issues that remain. A newly divorced person may consider reviewing all estate planning documents and insurance policies to ensure that they have a proper beneficiary listed. These documents can be changed to reflect a new beneficiary at the end of the dissolution process in most instances.
Source: Miami Herald, "Facing the financial facts of getting a divorce," Andrew Menachem, March 10, 2012
]]>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.
]]> Though the father asserted he had been promised by his ex-wife that he would have no financial responsibility for the children, the court hearing the matter did not agree. It reasoned that the man is responsible to pay support for the children because his actions resulted in their birth.Child support payments in Massachusetts are often part of separation agreements and divorce judgments when there are children involved. One of the parents is often responsible for payment to the primary caregiver of the child. The determination of child support responsibility can be a confusing and frustrating process for many people. Nevertheless, these important issues deserve full consideration, particularly in light of the fact that they may involve ongoing and typically monthly payments for years to come.
Source: Opposing Views, "Man Must Pay Child Support for Kids Conceived After Divorce," Mark Berman, March 7, 2012
]]>In marriages lasting less than five years, courts should limit alimony to no more than half of the number of months a couple was married. For those marriages surviving between five and 10 years, the figure should be no more than 60 percent. Similarly, between 10 and 15 years, the figure is intended to be capped at 70 percent, and at 80 percent for marriages between 15 and 20 years. Alimony for marriages longer than 20 years is left to the discretion of the court.
]]> But does the law apply to couples already divorced? The answer depends on the manner in which the divorce occurred originally. If the parties have a separation agreement that indicated it was to survive a judgment of divorce, the alimony terms cannot be changed. However, if a separation agreement was merged in a subsequent judgment of divorce or if a divorce was granted after trial, then any alimony awarded can be changed.For those seeking to change a prior award of alimony, any application for modification cannot be made prior to March 1, 2013 or, in some cases, as late as Sept. 1, 2015. There are also changes in the new alimony law concerning circumstances where an individual receiving alimony is cohabiting with another for at least three months. In those instances a judge can order a suspension or termination of alimony or direct that a lower amount be paid. Modification applications based on cohabitation issues are not subject to any waiting period before a request can be made.
It appears clear that future alimony awards in Massachusetts will be different. Those facing divorce proceedings would do well to familiarize themselves with the new legislation as it pertains to their circumstances. And those already divorced may well benefit from understanding if and how the new statute pertains to them.
Source: Examiner.com, "Massachusetts' new alimony legislation is now in effect - Boston divorce support," Robin Lynch Nardone, March 2, 2012
]]>The onset of same-sex divorce as well as dissolutions of civil unions and domestic partnerships is said to be one reason for a perceived increase in what are termed pet custody cases. One survey of 1,600 attorneys by the American Academy of Matrimonial Lawyers indicated a notable increase in pet-related issues since 2001. And its president believes that cases have continued to grow in the years since the study was completed.
]]> There are also indications that the approach to pet custody issues of judges hearing divorce cases is changing as well. While the law in all 50 states continues to view pets as marital property, there is also a growing recognition that these forms of disputes often involve strong emotions and attachments. When a child is involved, the court normally ensures that the pet stays where the child principally resides. But when there are no children involved, courts seem more willing to accept that pets play an important and vital role in the personal lives of the litigants, thus requiring an effort to negotiate a fair and equitable agreement concerning custody of the family pet.While most of these disputes are born out of love for the animal, there are few laws that apply. Several states have taken to include pets in domestic violence protection orders to guard the well-being of pets and other family members. But since few statutes apply, many of the issues surrounding pet custody require sensitive negotiation to reach a mutual agreement.
Source: The Washington Post, "Child may have an edge when custody of dog is at stake, but who gets dog when it is the child?" Feb. 28, 2012
]]>A civil protective order was granted to a wife, the basis for which was not disclosed. Thereafter, the husband was accused of violating the order by posting purportedly abusive and annoying comments about his wife on his Facebook page. The husband says his wife was blocked from access to the page and does not know how she was able to view the comments. He asserted his right to free speech, but the judge disagreed. What was unusual, however, was the punishment ordered by the court.
]]> The magistrate hearing the case directed that the husband spend 60 days in jail for violating the protective order. Alternatively and in lieu of jail, he was ordered to apologize to his wife by posting a prepared statement on his Facebook page every day for a month. The husband agreed to publish the apology. He claims, though, that the court is barring his comments on one hand, but forcing him to make stipulated comments on the other. He believes the court order violates his constitutional right to free speech.The case will continue to work its way through the courts, and further proceedings are scheduled for March 19. The husband admits frustration with his upcoming divorce and his desire to see his son. Here in Massachusetts, litigants to matrimonial proceedings would do well to focus on the road ahead. Those that spend the time to educate themselves about divorce law and procedures in our state may have a better chance of achieving the equitable resolution they desire.
Source: Fox4kc.com, "Divorce + Facebook = MESS," Michelle Pekarsky, Feb. 24, 2012
]]>While a prenuptial agreement is not for everyone, the issues they typically address are the same issues that most people must confront when going through a divorce. Nationally, about 75 percent of divorce attorneys indicate that prenuptial agreements have become a greater part of their law practice over the past five years. The agreements have gained in popularity for a few reasons. Those entering a marriage with substantial assets usually understand the legal importance of entering into such an agreement. But those remarrying, particularly if they have children, also may be inclined to insist on a signed contract before saying "I do."
]]> These types of contracts usually address issues such as division of marital assets, property division in general, as well as spousal support. Traditionally, those requiring a prenuptial agreement before marriage were thought of as selfish and lacking in trust. But the stigma that once attached to these written agreements has given way to a feeling that using one is a wise and forward-thinking decision.Nevertheless, it is important to understand that the laws governing these agreements and their enforceability vary from state to state. Those Massachusetts residents who decide a prenuptial agreement is for them would do well to investigate all of the facts and circumstances in order to ensure the contract covers what is intended in a manner that will be able to be enforced if necessary.
Source: 10News.com, "Is a prenuptial agreement right for you?" Ed Greenberger, Feb. 11, 2012
]]>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.
]]> The appeals court specifically referred to the groundbreaking decision of the Massachusetts Supreme Judicial Court in 2003, which held that a same-sex marriage was legally equivalent to heterosexual marriage. The appeals court action upheld the decision of a lower court to keep the parental rights of the non-biological parent intact.Observers indicated that the court's action was a natural extension of the law based on prior decisions. It essentially places same-sex couples on an equal playing field when it comes to child custody decisions. While it remains to be seen whether the case will be further appealed, it underscores the approach of the Massachusetts judiciary to treat this type of litigation the same, whether the parents are heterosexual or otherwise. The ruling would appear to bar attempts to terminate parental rights based upon gender in child custody proceedings so as to focus on what many believe is truly important: the best interests of the children involved.
Source: The Boston Globe, "Same sex parents share role, court says," John Ellement, Feb. 3, 2012
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