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Is Litigation Worth It?
In a recent appeal over the payment of college education expenses by divorced parents for a minor child, the Massachusetts Appeals Court in Cooper v. Keto had to evaluate complicated choice of laws...
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Harassment Prevention Orders - 2 SJC Decisions
On January 28, 2014, the Massachusetts Supreme Judicial Court released two decisions that significantly affect the ability to obtain a Harassment Prevention Order in Massachusetts.Harassment Prevention...
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Will Pot Smoking affect a Custody Determination?
Unrolled Joint (Public Domain Image courtesy of Wikipedia)Medical Marijuana has been legalized in Massachusetts and possession of one ounce or less, even for "recreational" use, has been...
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What the Heck is Bitcoin?
Bitcoin is a digital currency that is widely considered only for the tech-savvy and crazy libertarians. At Kelsey & Trask, P.C. we've been accused of both of those, so why not own it!As of today,...
View ArticleEnforcing Parenting Agreements – What happens when the Plan Fails?
"I think a plan is just a list of things that don’t happen.”– Parker in The Way of the GunOften when negotiating a parenting plan with clients, I point out that the actual written plan doesn’t dictate...
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Practical Tips for Completing the Massachusetts Family Court Financial Statement
A financial statement is required in every divorce, paternity, and child support action in Massachusetts. The financial statement is one of the most important papers that you will file with the...
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Temporary Alimony is Distinct from General Term Alimony - According to SJC
In September of 2011, the Alimony Reform Act was signed into law in Massachusetts, and it took effect on March 1, 2012. We've previously summarized the many changes that this Act brought to...
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Does Divorce Hurt Children?
When parents are considering the D-word, they may have many fears, concerns and questions: How will I afford a divorce? How often will I see my children? Where will I live? Will the divorce hurt my...
View ArticleParent Education Program For Never Married Parents in Massachusetts
In Massachusetts, if you have any minor children at the time of the filing of a divorce case, you are required to attend the Court-sponsored Parents Apart education program before you can be divorced....
View Article209A Protections not available to Residents of DDS Residential Programs
The Abuse Protection statute in Massachusetts M.G.L. c. 209A, often referred to as a restraining order, does not apply to all relationships. You cannot obtain a restraining order protecting you from...
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Why it matters Where a Restraining Order Violation Happens
The Abuse Protection statute in Massachusetts M.G.L. c. 209A, often referred to as a restraining order, includes provision relating to out of state orders. Under section 5A, "any protection order...
View ArticleCan an Attorney be Liable for the Opposing Attorney’s Legal Fees?
For over a decade, federal courts have ruled that an attorney who files a frivolous appeal on behalf of his or her client can be ordered to pay the opposing party’s legal fees. For example, in the...
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Can Property be Divided by the Court in a Paternity Action?
Our last post addressed a recent decision by the Massachusetts Appeals Court to extend attorney's fees liability to opposing counsel on a frivolous appeal. In this post we discuss why was the appeal...
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How is Collaborative Practice Different?
Yesterday I attended the Massachusetts Collaborative Law Council's 2014 Advanced Training Forum. The attendees included lawyers, coach/facilitators, mental health practitioners, financial neutrals and...
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Divorce Litigation Problems: The Judge Never Made a Decision
The Probate and Family Court in Massachusetts is underfunded and cannot handle the amount of litigants that seek relief there each year in as timely a manner as everyone would like. The Court staff...
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Starting the Divorce Process: Part 1 - You have Options!
There are many resources available to help you answer the question "How do I Start the Divorce Process?" Unfortunately, many of them only tell you part of the story. This three part blog series will...
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Starting the Divorce Process: Part 2 - Is there a Wrong Way to Start?
There is no one-size fits all divorce process and for that reason there are a number of different ways to start a divorce in Massachusetts. This means that you have options! Unfortunately, that is...
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Starting the Divorce Process: Part 3 - What is the Best Way to get Divorced?
In our previous post, we explored the problem with the way that most resources (including the court's own website) answer the question "How do I start the divorce process?" Most resources answer this...
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Divorce Mediation Infographic
Source: TopCounselingSchools.orgKelsey & Trask, P.C. provides this graphic for informational purposes only. We do not endorse nor claim endorsement from the source site or organization. Kelsey...
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Lifestyle During Separation Does Not Define Marital Lifestyle, According to...
Guest Post from Jonathan R. Eaton, Esq. of Finn & Eaton, P.C. and of counsel to Kelsey & Trask, P.C. - Attorney Eaton focuses his practice on family law, serving clients in the areas of...
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