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...
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...
