Posts tagged "family law"

What happens at a pre-trial conference?

Many litigants, particularly in highly contested divorce or custody modification actions, often insist that their case will never settle, and will ultimately need to proceed to a trial. In fact, only a very small portion of such cases which are filed in the Massachusetts Probate and Family Court proceed to a trial. This is due in part to one of the most important court dates for both lawyers and litigants alike: the pre-trial conference.

Massachusetts Prenuptial Agreement Signed One Day Prior to Wedding Upheld: Size and Formality of Wedding and Prior Divorce Matters

The Massachusetts Appeals Court has issued a Rule 1:28 Memorandum and Order in a divorce case entitled Roof v. Abelowitz upholding the validity and enforceability of a prenuptial agreement that the wife signed only one day prior to the wedding. The court considered two particularly interesting factors in finding that the wife's waiver of rights under the prenuptial agreement was valid. In this case, the size and formality of the wedding and the prior married and divorced status of the wife carried weight.

Supreme Judicial Court Reconsiders What It Means to Be a Legal Parent in Massachusetts

Last month, the Commonwealth's highest appellate court considered how legal parenthood is defined in the context of children born to a same-sex couple as a result of artificial insemination. The case, Partanen v. Gallagher, is currently under advisement by the Supreme Judicial Court. The Court's opinion could result in new parameters for what it means to be a parent in Massachusetts. At issue is the scope of the legal rights that an unmarried woman, who was previously in a relationship with the child's biological mother when the child was conceived using artificial insemination, enjoys after the relationship ends.

One Step Closer to Enforcing Foreign Child Support Orders: U.S. Ratification of the Hague Convention on the International Recovery of Child Support is Near

The cross-border enforcement of child support has long bedeviled parents and children who seek a delinquent parent's compliance with a court order. Given the many difficulties inherent to the enforcement of court orders in foreign jurisdictions, as well as the heavy costs associated with those efforts, many parents had a difficult time registering and enforcing child support orders if the debtor was in another country.

Registering a Foreign Child Support Order in Massachusetts

Registering a child support order that was obtained in another state or even in another country is accomplished in Massachusetts by following the procedure outlined in M.G.L. c. 209D. Otherwise known as the Uniform Interstate Family Support Act ("UIFSA"), this statutory scheme allows petitioners to register and enforce child support orders here in Massachusetts even though they were obtained in another state or country.

  • Super Lawyers
  • Best Lawyers | Best Law Firms | U.S.News & World Report | 2019
  • Preeminent AV | LexisNexis Martindale-Hubbell Peer Review Rated For Ethical Standards and Legal Ability