Category: Family Law

Planning For Divorce – Steps to Take When Considering Divorce in Massachusetts

It comes as no surprise that many individuals contemplating divorce struggle with the final decision. Some even contemplate divorce for years before ever speaking with an attorney. When considering divorce, there are several steps you can take to help lessen the burden of such a difficult decision. #1 Protect Your Children Every parent wants what is best for their children; this may mean separation or divorce for some families. You can help your children by

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Can my 14-year-old decide to live with my ex?

As a divorcing parent battling over custody, there is always the fear that your child will decide they would rather live with the other parent. Even once custody has been determined, parents worry as children get older, they will want to move in with the other parent. Rest assured that minor children can’t make legal decisions, such as where they want to live. It is a common misconception that once a child reaches a certain

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Get a Grip on Legal Jargon: Divorce Terms Explained

When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can help clarify some of the legal jargon you may encounter. Types of Divorce Irretrievable Breakdown of the Marriage This cause

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Tracking Child Support Payments

Under Massachusetts law, both parents have a duty to support their child. Typically, following a separation or divorce, only one parent is considered the custodial parent. This is the parent who lives with and has primary care of the child. The support provided by the custodial parent is offered in the time and care given to the child. When families no longer live under one roof, sharing duties equally can be difficult. This is why

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Signs it Might Be Time to Get a Divorce

The decision to divorce isn’t always cut and dry. While, in some cases, divorce is the best course of action, it remains a difficult decision. Only you know what is in your heart and the best way forward for you and your family. If you’re considering divorce, the following signs may help make your decision clear. Silence is Deadly While constant arguing doesn’t make a healthy relationship, silence can be a sign of avoidance or

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When to Modify Your Divorce Agreement

How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support

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Understanding Child Support in Massachusetts

Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent. The non-custodial parent may be required to provide for a child or children in the form of child support, which is paid to the custodial parent.

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What to do when your ex refuses to comply with your parenting schedule?

Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt

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What does it mean to be “held in contempt” by the court?

Contempt is a tool used by Probate and Family Courts to enforce parties to comply with court orders. This gives the court power to enforce judgments provided during divorce and custody proceedings. Someone who violates or disobeys a court order risks being held in contempt by the court. This includes failing to pay alimony or child support or refusal to comply with a parenting schedule ordered by the court. There are two types of contempt,

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Divorce When Only One Partner Lives in Massachusetts

Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps

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How can I establish paternity if my child’s mother is married to someone else?

A father petitioning for paternity needs to have a full understanding of the legal process. Fathers who are unmarried in the Commonwealth of Massachusetts can establish paternity in two ways. The first route is a voluntary process that utilizes a form known as a Voluntary Acknowledgement of Parentage. This is a document signed by both the child’s mother and father, confirming the singing male is the legal father. This form is typically presented to the

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Out of State Child Support Modification

Child Support and Out-of-State Issues Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support agreement. Changing Circumstances, Modifying Orders In Massachusetts, child support is governed either

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How to Land on Your Feet After Divorce

Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing on your feet after divorce is finding acceptance. Just because you’re making the right decision to split up with your

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An Update on Massachusetts Probate & Family Court Reopening Procedures and What It Means for You

Slow Re-Open With COVID-19 still posing a serious risk to health and safety, the courts, like the rest of our society, continue to adapt their procedures to minimize the risk to court workers and private citizens. The Probate and Family Court is no exception and is adhering to the same general guidelines as the rest of the court system. What Is Open? Beginning July 13, Massachusetts courts, including the Probate and Family Court, allowed some

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Divorcing During COVID-19

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, either Attorney Revelli or Attorney Luzzo can help you understand the divorce process and your options. During these unprecedented times, we are all taking a look at our lives and examining

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Staying Safe and Saying NO to Domestic Abuse During COVID-19

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled

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My Kids Hate the Custody Arrangement – What Can I Do to Make Their Voices Heard?

Even in the best of circumstances, divorce can be difficult for children. Children are often resistant to change: adapting to new schedules and surroundings, learning to live with one parent at a time, and getting along with possible new stepsiblings or half-siblings are all big changes, ones which can challenge a child’s developing social skills and coping mechanisms. However, many, if not most, children with divorced parents eventually adapt and thrive, growing into healthy and

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Don’t Fall Victim to Hidden Assets During Divorce

When it comes to divorce in Massachusetts, everything related to finances must be fully disclosed. This includes every single asset, purchased together or otherwise, as well as all accumulated debts. Each spouse is instructed to report known findings through a financial affidavit. It is against the law to purposely hide, understate, or overstate assets, as well as any marital property, debt, income, or expense. In extreme cases, this can potentially lead to the withholding party

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Common Myths in Massachusetts Family Law Every Parent Should Know

When it comes to divorcing and family law, things get complicated quickly. It’s essential to know your rights regarding your children. Presented here are some common myths every parent should be made aware of during divorce or custody proceedings. Myth: A parent’s failure to pay child support can result in the parent being kept from seeing the children Only a judge can determine visitation rights. If a parent fails to pay child support, the other

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When mediation may be your best option in divorce

Divorce, while never easy, does not have to be a contentious ordeal. For couples who wish to amicably end their marriages, there are a number of processes available that do not involve a combative mindset and are designed to minimize conflict in favor of compromise. One of the most common processes that aim for a more cooperative dissolution of a marriage is mediation. Mediation is the non-adversarial divorce process most familiar to the general public.

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