A dispute between New Balance and its Peruvian distributor recently gave the U.S. Court of Appeals for the First Circuit reason to consider whether Massachusetts law would compel nonsignatories to comply with the arbitration clauses of other entities. In the case...
In J.D.M. v. J.A.M. (April 12, 2023, Rule 23.0 Decision), the Massachusetts Appeals Court vacated the Probate and Family Court’s judgment of civil contempt and remanded. Pursuant to the parties’ divorce judgment, mother had primary physical custody of the minor...
Unlike many states, Massachusetts has not defined assets that would be considered “non-marital” or “separate” property. Therefore, there are several considerations that you need to discuss with your attorney when considering inherited assets: Contribution and source...
Earlier this year, Elon Musk’s 18-year-old daughter petitioned a California court to recognize her gender as female, to issue a new birth certificate, and to change her name to eliminate any connection with her father. Her petition further stated that she was...
Prenuptial - or antenuptial - agreements are becoming more and more popular. While some may balk at the idea of contemplating divorce at the same time that a wedding is being planned, prenuptial agreements can be very helpful instruments in the event that the marriage...
Massachusetts Probate and Family Courts are statutorily authorized to establish parentage pursuant to complaints filed under M.G.L. c. 209C, § 5 (“209C”). Under 209C (specifically 209C, § 6(a)(1)), there exists a statutory presumption whereby the spouse of an...
In a recent Rule 23 decision, McCrea v. Clayton, a panel of the Massachusetts Appeals Court vacated and remanded the lower court’s order denying Mother’s motion to alter or amend a modification judgment that required her to pay child support to Father because the...
In American Family Life Assurance Company of Columbus v. Parker, the SJC ruled that a life insurance beneficiary designation naming an ex-spouse as beneficiary was revoked following the parties’ divorce by operation of law, pursuant to the Massachusetts Uniform...
In many divorces, the house is frequently sold during or shortly after the divorce. This is generally because one, or in some cases, two streams of income were sufficient to maintain the carrying costs on one household, but would be insufficient to maintain the...
In a recent Rule 23 decision, a panel of the Massachusetts Appeals Court upheld the lower court’s modification judgment shifting legal and primary physical custody of the parties’ two minor children from their mother to their father, noting the mother’s conduct...
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