Divorce Law Monitor

  • Tax Time is HereJuly 09, 2020

    The deadline for filing 2019 federal and state income tax returns is right around the corner – July 15, 2020. If you were divorced in 2019, here are a few things to think about:

    Filing Status – Your marital status as of December 31st controls whether you are considered married or single for purposes of filing your tax returns. Remember the Nisi period discussed in a prior post?  Under Massachusetts law, a party is not considered divorced until the Nisi period expires. This means that even if the Judgment of Divorce is dated December 1, 2019, due to the Nisi period, you remained married for another 90 days. If you were still married as of December 31, 2019, you can file your 2019 tax returns as married filing jointly or married filing separately. There are risks and benefits to either filing option, so consult with your attorney. There is also an option to file as head of household where you are “considered unmarried” due to living apart from your spouse for six months or more during the tax year. To qualify as head of household, you must also have paid more than half the cost of maintaining your … Keep reading

  • The Spousal Elective ShareJuly 06, 2020

    When it comes to your estate plan, the law seeks to protect and carry out your intentions with respect to the disposition of your property upon your death. But Massachusetts law may dictate a different outcome if you leave your spouse out of your will. In Massachusetts, like many other states, the elective share statute aims to prevent one from disinheriting a spouse.

    The elective share statute permits a surviving spouse to set aside their deceased spouse’s will and instead claim a statutorily-defined portion of the deceased spouse’s probate estate. Depending on the existence of descendants of either or both spouses, parents of the decedent, and/or other close family members of the decedent, the surviving spouse may claim an amount ranging from one-third of the probate estate to $25,000 plus one-half of the remaining estate. A portion of that share may be received as a life estate in the subject property.

    Unfortunately, in many circumstances, the elective share statute misses its mark in achieving a fair and equitable outcome for the surviving spouse. For example, the current statutory scheme fails to take into account the length of the marriage, thereby treating a recent marriage exactly the same as 40-year … Keep reading

  • You Have a Videoconference Relating to Your Divorce Matter Scheduled – Now What?June 26, 2020

    While you are finally able to get your hair cut at a salon or barbershop, a bite to eat and drink at an outdoor restaurant, and even a pedicure (thank goodness!), the days of appearing in Court for a hearing, or in an office setting with a large group of people for a deposition or mediation, are likely a long way off. Even though social distancing requirements are being lifted, and even with the Supreme Judicial Court’s updated order of June 24, 2020, indicates that Massachusetts state courthouses will physically reopen to the public for limited purposes, including some in-person proceedings, on July 13, 2020, virtual court appearances, depositions, and other meetings are here to stay.

    In order to keep divorce cases moving during COVID-19, many divorce lawyers and the Courts have transitioned away from in-person meetings entirely (except in cases where an in-person meeting is absolutely necessary) and towards videoconferencing. The Judges of the Probate and Family Court in Massachusetts have now all been granted “Zoom” accounts to conduct hearings (motions, pretrial conferences, and even trials) via videoconference. Mediators and conciliators are offering videoconferencing sessions, with the ability to conduct “break out” rooms for privileged settlement discussions between … Keep reading

  • Temporary Orders (Allowances) ExplainedJune 18, 2020

    Temporary Orders, or Temporary Allowances as they are called in Rhode Island, are interim orders that are made in a case before a final hearing (trial) in order to address pressing issues. Temporary Orders can be agreed upon by the parties or ordered by the Court after one or both parties file a Motion. Some of the issues that are addressed via Temporary Orders in divorce cases include child support, alimony, parenting plans, health insurance, and the payment of expenses. Temporary Orders last until changed by a final decision or a further Temporary Order of the Court.

    It is important to understand, especially as it relates to parenting plans, that Temporary Orders have a way of becoming permanent orders. What this means is that Temporary Orders that are in effect for a long period of time may ultimately be the final orders agreed upon by the parties or ordered by the Court. As such, if you negotiate and agree on Temporary Orders, it is important to consider how those orders will work for the long haul, as they may be difficult to change. In light of the current backlog in the Courts, especially because of COVID-19, it is taking … Keep reading

  • Webinar: How to Know When You Are Ready to DivorceJune 16, 2020

    No one enters a marriage intending to get divorced, yet nearly half of all marriages dissolve this way. Before you move forward with the legal process, you must make sure this is the right step for you and your family.

    In the first episode of our new webinar series, Elizabeth Crowley and Ronald Barriere discuss trusting your intuition, selecting a lawyer, and what questions you should be asking yourself during this difficult time.

    Click here to watch the full episode.… Keep reading

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