Complaint for Modification of Custody

Representing the former wife (Mother) in a post-divorce complaint for modification, seeking to modify existing judgment granting husband (Father) joint legal custody and parenting time with two minor children of the marriage.     Mother alleged that Father was abusive, suffering from substance abuse and mental health issues.  Mother alleged that Father was incapable of safely caring for the children.  Extensive cross examination of court appointed guardian ad litem.  Result in Mother’s favor.  Mother granted sole legal and physical custody of the children after trial. Father granted restricted supervised parenting time with professional supervisor at Father’s sole expenses.

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Mistakes to Avoid During Alimony Negotiations

As a Massachusetts resident going through a divorce, you’re not alone. No matter your reason for divorce, one of the most contentious issues that arise in any divorce is the subject of alimony. Alimony payments—also known in some states as “spousal support” or “maintenance” is the legal obligation that a supporting spouse pay to the supported spouse. Massachusetts courts generally award alimony to the lower-earning spouse so that spouse can maintain a reasonable standard of living during and after divorce. In the commonwealth of Massachusetts, several types of alimony can be awarded. They are called rehabilitative, reimbursement, transitional, and general alimony. When a spouse is in need of additional education or job training to become financially independent, rehabilitative alimony can be awarded for up to five years. Reimbursement alimony may be ordered as compensation to a spouse who financially supported the family while completing an education or job training during the marriage. For short-term marriages, those lasting less than five years, the court may award transitional alimony to help the recipient spouse adjust to a new lifestyle or location. General alimony may be ordered by the court, depending on the length of your marriage. More times than not, one spouse will have to pay the other a set amount of money, at least temporarily. Both parties should be aware of the following mistakes. Mistake #1 Many people are under the false assumption that if they spend a lot of money before going to court, they will have to pay less.

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Restraining Order

Representing the defendant (male).   Female sought and obtained emergency restraining order, claiming that approximately two months prior she was forced to have sexual intercourse with the defendant and that she was physically and emotionally harmed during alleged incident.   The defendant opposed the issuance of a temporary order at the ten day hearing.  The court heard testimony.  The complaining witness was subject to cross examination.  She acknowledged inviting the defendant over to her residence, exhibiting aggressive sexual behavior during the alleged incident, texting and continuing to spend time alone with the defendant voluntarily, following the alleged incident, resulting in the order being vacated.

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Is it legal to videotape my spouse behaving badly (verbal or physical abuse, infidelity, etc) as evidence in a divorce case?

As thoughts turn towards divorce, tempers can flare and people may behave in ways they normally would not be proud of, even in a relatively amicable situation. Of course, the bad behavior of a spouse—ranging from neglect of household duties to infidelity to abusive actions—may well have begun long before the divorce, and may well be the reason for it. In seeking a favorable divorce settlement, one that compensates you for violations of the marriage contract and shields you from your spouse’s ongoing bad behavior, you will want to have evidence to bolster your claims. In a world of smart phones, where everyone has both a video camera and a broadcasting station in their pockets, you may be tempted to record your spouse’s bad behavior. In a word: don’t. Massachusetts laws on recording interactions between persons are possibly the strictest in the nation. While many states have “two-party consent” laws, meaning that both (or all) people on a recording must know they are being recorded and consent to it, the Commonwealth takes it a step further. Recording private conversations falls under Massachusetts statute chapter 272, section 99, also known as the wiretap statute. Explicitly instituted as a measure against organized crime, the statute is of theoretical interest to law students because it addresses both police and civilian conduct with regard to recording in the same law. For civilians, there is an explicit ban on recording wire communications (i.e. phone conversations) and a ban on any audio recording by other means

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Holiday Custody

The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents, or happily mixed step-families might experience some tension and conflict around this time of the year. Given the stress of preparing for holidays, and the emotions invested in family celebrations, it is more important than ever for there to be good channels of communication about scheduling. When child custody agreements are involved, communication is even more important, especially if custody arrangements or their enforcement have been contentious issues in the past. Many shared custody agreements drawn up as part of the divorce settlements will specify holiday visitation and custody rights for each parent. For example, one parent may have the children for Thanksgiving and New Year’s, with the other parent having Christmas and the surrounding days. In the next year, the parents might swap time periods, following an alternating schedule laid out in the custody agreement. Changes happen, however. A flight back from a visit to grandma might be delayed by snow. A family wedding might be scheduled for the days after Christmas. A teenager with a mind of her own might want to go to a friend’s cookie-decorating party close to mom’s house an hour away, even though dad has custody for that date.

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Divorce matter military disability pay excluded from marital estate

Representing husband.   The parties were married for 35 years, with two adult children.  The husband served in the military and was stationed in Vietnam prior to the marriage. The husband received a military retirement pension as a result of his service and was later determined to be 100% disabled, at which time he commenced receiving disability pay in lieu of retirement pay.   At the time of the divorce the husband was receiving disability pay as well as a firefighter’s pension, each of which were providing a stream of income to the parties.   The wife argued that she was entitled fifty percent of the pension and disability pay.   Husband argued successfully that pursuant to federal law, states are prohibited from treating disability pay as a martial asset subject to division, and thus the husband was entitled to retain the entire pension.

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When mediation may be your best option in divorce

Divorce, while never easy, does not have to be an ordeal. For couples who wish to amicably end their marriages, there are a number of processes available that do not involve a combative mindset and are designed to minimize conflict in favor of compromise. One of the most common processes that aim for a more cooperative dissolution of a marriage is mediation. Mediation is the non-adversarial divorce process most familiar to the general public. In mediation, a couple meets with a third party to discuss the division of assets, custody issues, alimony, and any and all other issues that need to be settled in the course of a divorce. With an agreement in place, the couple files for divorce in the courts. How, then, does a couple choose the best course when seeking to end their marriage without going through a lengthy and costly bout of litigation? While every couple and family’s situation is unique, if your working relationship with your spouse is professional and your separation truly is amicable, mediation may be the best option for you. Mediation has many factors in its favor. With the couple using one mediator, together, it is possible for them to split the costs. Along with a generally lower hourly rate, mediation offers couples more control over the scheduling of sessions and the total time frame of the process than litigation in the courts. Mediation is intended to reduce conflict by encouraging the calm and constructive expression of needs and wants. It is

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Cross harassment orders by dueling neighbors

At the commencement of the case, only one party ultimately obtaining an order against the other, at which point, Attorney Gabriel was retained by the unsuccessful party.  Motions for re-hearing and motions to vacate the order were presented and allowed by the court.  After a second evidentiary hearing was granted, our client was allowed to present further evidence and witness, we were successful in having the vacated order reinstated.  Ultimately both orders were vacated retroactively.

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