By Tracy Fischer – Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of separated and divorced parents is how they can continue their usual parenting plan in the midst of this very contagious virus. As the CDC guidelines and state mandates change from day to day, it is so important to communicate with your co-parent. Try to come to an agreement as to the safe practices that you will each maintain in your homes for the safety of your children, yourselves and other family m ..read more

By Tracy Fischer Family law disputes such as divorce, child custody, visitation, and spousal support discussions are often emotional and can be stressful. When two parties cannot agree, they may believe taking their case to court is the only option. However, litigation is expensive, emotionally draining and can be a very lengthy process. Additionally, the courtroom environment empowers the judge to make decisions instead of allowing the two parties involved to decide what is best. There are viable alternatives to litigation and these options often allow the parties involved to determine what w ..read more

Cryptocurrency ("Crypto" for short) is becoming much more common as a significant asset to be divided in divorce. Bitcoin is the most familiar, however, there are thousands of other cryptocurrencies in circulation. Because of the digital, or virtual, nature and volatility of this form of currency, it raises a variety of issues. It is easy to hide, volatile and desirable.  Easy to Hide Cryptocurrency is a marital asset and needs to be disclosed as such on a financial statement. Given it is virtual, it is challenging to track and prove ownership. It is easy to hide.  ..read more

One of the Fidelity heirs and director of FMR LLC, with a fortune to be estimated at more than 6 billion dollars, in scheduled to begin a divorce trial this Friday in Essex Probate Court, Lawrence division.  The petition was filed more than a year ago and the case records are impounded.  Two very well-known and high-cost legal teams will be at work for the parties.    There are huge differences between this situation and the more usual high net worth divorce in Massachusetts.  This case is impounded, making it unavailable for public view.  Most other divorce case ..read more

Your partner hits you with a huge surprise.  You thought everything was fine, your relationship was going along normally.  Then, you hear the news.  Your partner has made plans, rented an apartment, and has decided they want a divorce.   How did you miss this? How could you have not seen the signs? Does finding out this news shake your belief in your own ability to read a situation? Do you even begin to question your belief in yourself?   Some things to think about in dealing with this shocking situation:   Yes, you may have missed some things. No one can see all ..read more

By Tracy Fischer When a couple marries one of the big decisions made initially will be…. what last name the female spouse will use. There may be a difference of opinion that will need to be ironed out.  Will she keep her maiden name, will she take her new husband’s name or will the name be hyphenated? Many women see this change as an exciting rite of passage.  What impact will this name have on the children they hope to have.  This decision has a far- reaching impact that is often not considered at the time when the relationship is happy and the marriage is intended to last fore ..read more

There are many existing divorce agreements that have orders of spousal support or alimony. Recently, many states, including Massachusetts, have instituted new guidelines to determine who will receive alimony and for how long. The alimony that was set in an agreement or judgment years ago may no longer make financial sense.   There may be specific reasons why you may need to modify the results. Remarriage According to the recent Massachusetts alimony statute, if the spouse who is receiving the support marries or moves in with someone else and “maintains a common household” for at leas ..read more

By Tracy Fischer Our children are an integral part of our lives and keeping them safe and feeling secure is what parenting is all about.  Parenting together after divorce presents new challenges to an already difficult process, but navigating painful emotions to maintain a united front is an essential part of the job.  The bottom line is, kids feel healthiest when their parents get along. Breaking the News Depending on age, discuss the process openly in your family.  If possible, include both parents in the discussion.  Emphasize that while the family is changing, it is not ..read more

By Tracy Fischer The Massachusetts Alimony Reform Act was signed into law in 2011 and became effective a little over a year ago. This law brought about sweeping new changes in the way alimony is awarded in the state, and many orders issued prior to its enactment could be modified as a result. One of the biggest changes brought about by this act was the length of time a spouse may receive alimony. In the past, alimony was sometimes awarded for an indefinite period even when marriages lasted less than 20 years. The current law requires couples to have been legally married for at least 20 years b ..read more

Two important changes from the Massachusetts Probate and Family Court The Probate and Family court will no longer require parents of children under age 18 to take a court-mandated parenting class.  The court was transparent in its decision that after almost 30 years of this requirement: 1.     there is no real evidence that the Parent Education class is effective in producing the desired goals; 2.     most states do not have this requirement; 3.     Massachusetts had been treating divorced and unmarried parents differently in its ..read more