On June 26, 2013, the Supreme Court issued its opinion in United States v. Windsor, which declared Section 3 of the Defense of Marriage Act (commonly known as DOMA) unconstitutional. What many people don’t realize is the Supreme Court did not review or rule on Section 2 of DOMA in United States v. Windsor, and…
Divorce and Family Law Blog
Divorcing During Your Golden Years
Recently there has been an uptick in divorces amongst Baby Boomers. Given that Baby Boomers are now in their 60’s, a divorce involving Baby Boomers, or any older couple, is known as a gray divorce. Although a divorce for an older couple proceeds just like any other divorce does, there are certain factors that both…
Paternity Issues in Massachusetts
In Massachusetts, if a child is born out of wedlock, the child’s biological father is not deemed to be the child’s legal father, unless paternity is established. Establishing paternity is important for many reasons, and can be done in multiple ways. The easiest way to establish paternity is when the child is born, the child’s…
New Child Support Guidelines in Massachusetts
On June 20, 2013, the Massachusetts Probate and Family Court released new Child Support Guidelines that become effective August 1, 2013. The new Child Support Guidelines revise the Guidelines issued in 2009, and modify several provisions from the 2009 Guidelines. Below is a summary of the changes to the new Child Support Guidelines. Sources of…
Same Sex Prenuptial Agreements
Massachusetts is one of twelve of states, along with the District of Columbia, which recognize same-sex marriage. Since 2004, same sex couples have had the right to marry in Massachusetts. Like their opposite-sex counterparts, same-sex couples can enter into a prenuptial agreement to protect their respective assets during the marriage. Contrary to popular belief, a…
Eight Essential Steps for Women Facing Divorce
From the time you were a little girl, you thought about your wedding day and dreamed about the happily ever after that would follow. Thus, when something changes, and divorce proceedings are initiated, it is hard to force yourself to come to terms with the reality of the situation and develop a plan of action…
Divorce at Sea
Resolve all marital issues in a neutral, non-threatening, and breathtaking setting onboard the new 44ft Beneteau Grand Tourismo Power Boat, leaving historic Newport Harbor in Rhode Island, with experienced divorce attorney and certified mediator, Edward L. Amaral, Jr.
Prenuptial Agreements in Massachusetts
When a couple is engaged and planning their wedding it is a happy time in each of their lives, perhaps the happiest time. It’s not at this time that a couple would even want to consider divorce. However, with the national divorce rate being somewhere around 50%, it is something an engaged couple should consider…
Child Custody and Removal in Massachusetts
It is not uncommon after (or even during) a divorce, a parent seeks to move outside of Massachusetts with the couple’s children. Not only does this impact the custody arrangement between parents, but it can impact the relationship between the children and both parents as well. Because the impact such a move can have between…
Using Cell Phones and Social Media in Divorce in Massachusetts
In this increasingly digital age, technology is being used as a sword in divorce and family law actions. More and more, spouses and parents are using text messages, Facebook profiles and messages, Twitter, and other social media as evidence in divorce and other family court proceedings. This media is being used to prove infidelity, undisclosed…
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