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Family Law

What Happens to a Beneficial Trust Interest in a Divorce?

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...

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When Is Sole Legal Custody Appropriate?

"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."...

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Is Legal Separation an Option in Massachusetts?

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...

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Absent Formal Modification, Court Orders Should Be Followed

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...

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Is an inheritance considered in a divorce in Massachusetts?

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...

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What Does a Prenuptial Agreement in Massachusetts Include?

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...

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