Category: Domestic Relations

What Happens After Someone Is Served With A 209A Restraining Order In Massachusetts? Once someone is served with a 209A restraining order, they should immediately start preparing for the upcoming hearing. This includes hiring an attorney experienced in restraining orders and obtaining the affidavit filed with the order, which is typically not served by the… Continue reading Understanding Massachusetts 209A Restraining Order Hearings

How Often Do Restraining Orders Become Part Of Divorce Or Custody Disputes In Massachusetts? Restraining orders come up in about 40 to 50% of divorce or custody cases handled by attorneys who practice both family and criminal law in Massachusetts. This percentage may vary if the lawyer specializes solely in one area. What Happens To… Continue reading How Restraining Orders Affect Custody And Parenting In Massachusetts

How Often Do Domestic Violence Allegations Emerge After A Divorce Filing And Why Is The Timing Significant? Domestic violence allegations frequently arise after a divorce filing. This timing is significant because it can create suspicion about the legitimacy of the claims, suggesting they might be strategically timed. However, it’s also common for domestic violence to… Continue reading Navigating Domestic Violence Allegations During Divorce

Why do most people assume a 50-50 custody split in parenting plans? Most individuals, especially in cases of unwed couples, tend to believe in a default 50-50 split based on factors like living arrangements and historical involvement with the child. This assumption often stems from a sense of fairness and equality in parenting responsibilities. In… Continue reading Parenting Plans in Real Life: Why 50/50 Isn’t Always the Default

How does Massachusetts law generally approach property division, and what does equitable distribution mean in real life? Massachusetts follows an equitable division approach rather than equal division, focusing on fairness based on various factors. While there’s a general presumption of a 50-50 split, judges have leeway to consider each party’s circumstances, such as earning capacity,… Continue reading Dividing the House and 401(k): How Property Is Split in a Massachusetts Divorce

How does Massachusetts courts decide custody and parenting time for parents going through divorce or separation? In Massachusetts, custody and parenting time decisions vary based on whether it’s a divorce or separation of unwed couples. In divorce cases, there’s a presumption for the best interest of the child to have contact with both parents, often… Continue reading Understanding Child Support and Custody in Massachusetts