In a recent decision, Openshaw v. Openshaw, the Massachusetts Supreme Judicial Court (“SJC”) held that in certain circumstances it is proper when setting a spousal support order to consider the parties’ historical allocation of income to savings as an element in...
Domestic animals, such as dogs, are considered personal property under Massachusetts law. When a romantic relationship ends, what happens to the pet the couple jointly owned? This issue has become increasingly common for couples going through a break-up, particularly...
During the height of the Covid-19 pandemic, the Probate and Family Court suspended the requirement for all parties in divorces involving children, actions to establish paternity, complaints for modification and contempt involving custody and/or parenting-time, or any...
Whether a beneficial interest in a trust is includable in the marital estate for divorce purposes is a question that has typically led to big disputes between divorcing parties. While the answer to that question still rests on the particular facts and merit of a...
"Shared legal custody" is defined in G. L. c. 208, § 31 as "continued mutual responsibility and involvement by both parents in major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development."...
In Massachusetts it is not possible for a married couple to obtain a “legal separation.” However, if a couple is separating or is already separated, a married individual can file what is called a Complaint for Separate Support under Massachusetts General Law Chapter...
In J.M. v. C.G., the Supreme Judicial Court affirmed a Probate Court decision dismissing a biological parent’s suit to establish paternity. The parties in this case were the mother of a child (Amelia), the child’s biological father (M.H.), and the child’s legal father...
In Rungta v. Dhanda, the Massachusetts Appeals Court affirmed multiple contempt judgments against father that were issued by the Probate and Family Court. Pursuant to the parties’ divorce judgment from 2013, mother could “claim the child for [F]ederal and [S]tate...
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...
Fitch Law Partners LLP reports news and insights on complex litigation topics. Clients, colleagues and friends may receive The Fitch Briefs by signing up here.