What Are the Grounds for Divorce in Massachusetts?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
1y ago
After a married couple makes the difficult decision to end the marriage, the next step is to legally dissolve the marriage by filing for divorce. One of the decisions the Petitioner (spouse filing the divorce) must make before initiating the divorce process is the grounds to be used when requesting the divorce. Although some states have eliminated fault grounds in a divorce action, Massachusetts recognizes both fault and no-fault grounds for a divorce. Massachusetts No-Fault Divorce Grounds In Massachusetts, Section 1A or 1B of Chapter 208 of the General Laws governs a “no-fault” divorce. A n ..read more
Visit website
My Spouse Is Abusive. How Do I Get a Restraining Order?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
1y ago
  There was a time when the law and the court system would effectively ignore domestic abuse if the victim was married to the abuser. Fortunately, those days are long gone. If your spouse is abusive, you can request a court to issue a Restraining Order against your spouse in Massachusetts that will result in criminal charges against your spouse if violated. What Is a Restraining Order? In Massachusetts, a “Restraining Order” also known as a “209A Order” or an “Abuse Prevention Order” is a civil court order that provides protection from physical or sexual harm caused by force or threat of ..read more
Visit website
Under What Circumstances Can a Divorce Settlement Be Modified?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
2y ago
Getting through the process of divorce can be difficult even when the parties remain amicable. Ideally, however, a divorce ends in the parties reaching a settlement agreement that resolves all issues in the divorce. What happens though if you want to modify something in that settlement agreement after the fact? Understanding what circumstances might allow you to modify your divorce settlement agreement in Massachusetts is a good place to start. Final Orders in a Divorce At the end of the divorce process, the court will incorporate the terms of your settlement agreement into a final order disso ..read more
Visit website
We Are Considering Adoption. Do We Need a Lawyer?
Karpenski & Schmelkin Blog
by Wendy Shane
2y ago
We Are Considering Adoption. Do We Need a Lawyer? Adoption can create a new family or enlarge an existing family. The process itself, however, can be complicated, intimidating, and stressful.  Trying to navigate an unfamiliar legal system during such an emotional time can be extremely difficult. If you are considering adoption, do you need a lawyer to help you? The Massachusetts Adoption Process The Commonwealth of Massachusetts is an “agency state,” meaning that prospective adoptive parents are required to work with a licensed adoption agency throughout the adoption process. This may me ..read more
Visit website
How Are Prenuptial and Postnuptial Agreements Different?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
2y ago
How Are Prenuptial and Postnuptial Agreements Different?   Marriage is usually contemplated and entered into because the parties are in love and plan to spend their lives together. The reality, however, is that almost half of all first marriages and significantly more second and subsequent marriages end in divorce. In addition, the age at which people are choosing to get married has been steadily increasing in recent decades, meaning one (or both) party may bring significant assets into the marriage. With all of that in mind, it should come as no surprise that both prenuptial and postnup ..read more
Visit website
What If I Don’t Want My Children Around My Ex-Spouse’s Significant Other?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
2y ago
Custody and Visitation Basics     When parents go through a divorce, it affects the children as well. Even a relatively civil and amicable divorce will directly impact everyone involved. Once the divorce is final, the hope is that the parents and children will settle into their new lives with as little ongoing drama as possible. When one parent starts a new romantic relationship, that can disrupt the “new normal” for everyone. If you have concerns about your children spending time around the new person in your ex-spouse’s life, can you do anything about it? During the initial divorc ..read more
Visit website
My Spouse Remarried. Will This Affect My Alimony Or Child Support Payments?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
2y ago
My Spouse Remarried. Will This Affect My Alimony Or Child Support Payments?   The terms of a divorce often require one party to pay alimony and/or child support to the other party. If you are the party paying support, you may be looking at making those payments for years to come. What happens though if your former spouse remarries? Does that remarriage affect your alimony and/or child support obligation? The answer depends on several factors. Child Support Basics When the parents of a minor child decide to end their marriage, the law requires both parents to financiall ..read more
Visit website
How Living Together Affects Custody of Children from a Prior Marriage
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
2y ago
How Living Together Affects Custody of Children from a Prior Marriage While living together outside of marriage was once considered socially unacceptable, it is now very much the norm. The majority of couples cohabitate prior to marriage and many couples never choose to legally marry. If you have children from a prior marriage, however, you may wish to reconsider living with a new partner if custody of the children remains in dispute. Custody Basics Anytime the parents of a minor child no longer live together, whether because of divorce, legal separation, or because they never lived together ..read more
Visit website
Can an Unmarried Couple Adopt a Child?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
2y ago
Adoption can enlarge an existing family or create a brand-new one. The adoption process itself, however, can be plagued with legal obstacles and hurdles that can cause stress and anxiety for prospective parents. While adoption was once only an option for married couples, state laws have changed in recent years to reflect the societal changes regarding what constitutes a “family.” For example, unmarried couples could adopt a child in Massachusetts. Who Can Adopt a Child in Massachusetts? In the Commonwealth of Massachusetts, a prospective adoptive parent must be at least 18 years of age (unles ..read more
Visit website
What Rights to Visitation Do Grandparents Have in Massachusetts?
Karpenski & Schmelkin Blog
by Karpenski & Schmelkin
2y ago
Grandparent Rights in Massachusetts Grandparent visitation issues arise when one or both parents and the grandparent(s) do not agree on the amount of contact, if any, between the grandparent and grandchild. A parent’s decision whether or not to allow visitation between a grandparent and a grandchild is a parental decision that is presumed valid and will not be overturned by the Court except under limited circumstances.  A petition for grandparent visitation typically arises in situations where one parent is deceased, incarcerated, deemed unfit, or where the grandparent has essentially ste ..read more
Visit website

Follow Karpenski & Schmelkin Blog on FeedSpot

Continue with Google
Continue with Apple
OR