Harassment prevention orders are found under chapter 258E of the Massachusetts General Laws. This chapter was enacted as a response to inadequate protections for those being abused by acquaintances or strangers, as such protections are not available via Abuse...
Year: 2012
Year: 2012
Marriage after civil unions
On July 26, 2012, the Massachusetts Supreme Judicial Court issued an opinion in the matter of Elia-Warnken v. Elia. This case involved a same-sex couple who was in the midst of divorce litigation. On July 26, 2012, the Massachusetts Supreme Judicial Court issued an...
A Few Words of Advice from a Minnesota Judge
Judge Michael Haas of Cass County Minnesota retired in 2002 after 26 years of service as a Judge. The following 200 words issued by him (we are not certain whether they were stated on or off the record) have been referenced in multiple appellate court decisions and in...
Parental Alienation
One of the most difficult cases I work on are those dealing with parental alienation. Parental alienation often occurs during or following divorce, and is characterized by a child expressing unreasonable, unjustified and strong dislike or even hatred for a parent. One...
Alternative Reproduction and Parental Rights
On March 6, 2012, the Supreme Judicial Court held that a father who consents to in vitro fertilization is the legal father of the children born of this artificial insemination, even if the parties agreed that he would take no responsibility for the needs of said...
In same-sex marriages, what rights do non-biological parents have?
On February 2, 2012, the Massachusetts Appeals Court upheld a lower court's judgment that a non-biological mother of a child born during a marriage who never co-adopted the child is nevertheless considered the child's other legal parent. On February 2, 2012, the...
Divorce Homework
You have decided to file for Divorce . . . now what? The decision to file for divorce is an extremely emotional one. It is never spontaneous, and is always the result of serious and thoughtful considerations. Likewise, the process of actually filing for divorce should...
Limited Assistance Representation
This economy has placed those seeking divorce or assistance with domestic relations matters in a very difficult position when it comes to hiring an attorney. First, financial matters greatly impact all relationships and are often the cause of divorce or child support...