Divorce Law Monitor

  • We’re Divorcing – Who Keeps the Pet?September 16, 2021

    According to the American Veterinary Medical Association, pet populations, particularly dogs and cats, are on the rise and expected to continue to increase through at least 2030. Many people have welcomed a new pet to the family during the COVID-19 pandemic as well. A common question that clients ask their divorce attorneys is: who keeps our fur baby?

    In the Probate and Family Court in Massachusetts, as in most family courts in the U.S., pets are treated as personal property. This means that they’re divided between a divorcing couple according to the same considerations that are applied to things like the toaster, the china, and the lawnmower. Under the law in Massachusetts currently, it’s not possible to have a “visitation” schedule for pets, unlike the parenting plans included in separation agreements or divorce judgments for any divorcing couple with children. For children, courts consider the children’s best interests in determining custody and a parenting plan, but a pet’s best interests won’t be considered, and a Probate and Family Court judge won’t order a “visitation” schedule or “pet parenting plan” for pets.

    So, in considering who keeps the pet, the Court will take the same factors into consideration that they … Keep reading

  • I want a divorce. Where do I start?September 02, 2021

    The decision to move forward with a divorce is never easy. Regardless of the length of the marriage, the reason for the divorce, or whether children were born or are expected of the marriage, you married that person for a reason and created a life with that person. To then decide to divorce that person, which will likely drastically change both of your lives and the lives of any children born of the marriage, is not a decision made lightly. The uncertainty of what to expect in divorce proceedings and what steps to take (or not take) are often equally paralyzing. Divorces are not just a breakdown of a relationship and partnership; they are often also a financial uncoupling. Making the wrong decisions may cause you not only additional emotional stress but financial loss.

    If you ultimately decide you want a divorce, you may ask yourself, “What’s next? Where do I start?” Consider the following steps:

    1. Consult with an experienced divorce attorney.

    Divorce is complicated. Knowing your rights and obligations under the statutes and case law for divorces in Massachusetts is critical to making a fully informed decision and getting the best deal possible. An experienced divorce attorney … Keep reading

  • New Child Support Guidelines to Go Into Effect This FallAugust 06, 2021

    On August 2, 2021, Chief Justice of the Trial Court, Paula M. Carey, signed new Child Support Guidelines, which go into effect on October 4, 2021. These new guidelines are the result of work by the Child Support Guidelines Task Force, which was convened by Chief Justice Carey in 2020 to undertake the quadrennial review of the Massachusetts Child Support Guidelines required by federal regulations.

    If you currently pay or receive child support, you should consider whether these new guidelines result in a different child support obligation in your situation. There is a rebuttable presumption that the guidelines apply in all cases establishing or modifying a child support order, regardless of whether the parents are married or unmarried, the order is temporary or final, or the Court is deciding whether to approve an agreement for child support. There is also a rebuttable presumption that the amount of the child support order calculated under the guidelines is the appropriate amount of child support to be ordered. Existing child support orders are not automatically changed to be in compliance with the new guidelines unless the parties specifically agreed within the terms of an Agreement to automatically recalculate child support. Absent … Keep reading

  • Suspension of Parent Education Program Attendance in Divorce ActionsJuly 08, 2021

    In an announcement made by the Probate and Family Court on June 25, 2021, effective September 1, 2021, divorcing parents of minor children will no longer be required to attend and complete the Parents Education Program as the Program is, at least temporarily, suspended. What does this mean for parents presently going through the divorce process? It depends on whether the complaint for divorce has already been filed or will be filed in the future. If filed on or before July 11, 2021, parents will still need to attend the Program and submit a certificate of completion before September 1, 2021. If the complaint for divorce is filed on or after July 12, 2021, the requirement is waived.

    Prior to this recent suspension of the Parents Education Program, all parties to a divorce action in which there are minor children (under the age of 18) were required to attend and participate in an approved Parent Education Program pursuant to Standing Order 2-16. The purpose of Standing Order 2-16’s requirement was to provide divorcing parents guidance in understanding and addressing the challenges caused by divorce and to assist them in addressing and reducing the stress children may experience during and … Keep reading

  • Planning Considerations for Same-Sex Spouses in the Event of Divorce or DeathJune 25, 2021

    Marriage has always been governed by state law, and it is only in very recent history that select states began revising their definitions of marriage to acknowledge the rights of all couples to be married. While Massachusetts made same-sex marriage legal in 2003 via the decision in Goodridge, it was not until the landmark 2015 decision in Obergefell v. Hodges that the U.S. Supreme Court ruled that same-sex couples have a fundamental right to marriage, making same-sex marriage legal in all 50 states. Finally, same-sex couples could avail themselves of the many legal benefits of marriage that opposite-sex spouses enjoy. However, same-sex spouses often face unique and complex legal issues in the event of divorce or death, and their legal rights are unfortunately still not always secure. Some of these challenges can be avoided or minimized with careful and strategic planning.

    Marital Agreements

    Common in any divorce are determinations regarding the division of assets and potential spousal support. A major factor is the length of the marriage, which may be less straightforward for same-sex spouses. If a relationship between a cohabitating same-sex couple spanned 20 years prior to the legalization of same-sex marriage, yet their marriage of only … Keep reading

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