Divorce & Family Law Blog

Understanding Postnuptial Agreements

  • By: Karpenski & Schmelkin
  • Divorce

Post-nuptial agreements are contracts entered into after marriage by couples to create a clear understanding of the management and control of their finances and assets to create a happier marriage. Spouses cannot, however, create a post-nuptial agreement as part of divorce planning or in the anticipation of divorce. Post-nuptial agreements are meant to take effect […]

Adoption Law in Massachusetts

Adopting a child is a wonderful experience.  Adoption is however a complex process and you must follow the laws exactly.    If you are located in the state of Massachusetts and are looking to adopt, you not only need to know the laws, but you should also have legal representation to guide you through the process. […]

When a couple who has children separates, ideally, the parties can agree on a parenting schedule that is the best interest of the children. However, sometimes, one party does not allow the other party to have parenting time with the children. The course of action for the party who is not being allowed to have […]

Dissipation of the Marital Estate

  • By: Karpenski & Schmelkin
  • Divorce

The division of the marital estate is one of the corner stone issues in a divorce action. When the parties have been honest with one another about what assets each party has, the conversation then leads into how to divide up the marital estate. However, many times, one or both parties have engaged in financial […]

When the Court enters a Judgment of Divorce Nisi, in many cases, the litigation is not over. The Judgment of Divorce Nisi (and Temporary Orders) provide the rights and obligations of the parties. A common issue, in many cases, is enforcement of those rights and obligations. The Massachusetts Probate and Family Court has the authority […]

When parents are divorcing, child support and alimony are often at the forefront of the discussions. While it is true that current income is a factor that can determine alimony and child support, current income isn’t the only determining factor. Imputation of Income or Attribution of Income may enter into the discussions. Here’s some information […]

Paying for college is an issue that regularly concerns parents, and many begin planning for it when their children are young through savings accounts, 529 accounts, and other means. For divorcing parents, however, paying for college poses other challenges. Who pays for the college expenses when the parents are divorced? How will college savings accounts […]

On May 18, 2018 the court announced that a new child support guidelines worksheet will be effective as of June 15, 2018. While the base Guidelines themselves have not changed, the language will be updated to reflect the changes to the worksheet. The new guidelines are expected to be released by the court on May […]

Equitable Division of Marital Estate

  • By: Karpenski & Schmelkin
  • Divorce

During the course of your marriage, you and your spouse have acquired assets and liabilities. Now that you and your spouse are going through a divorce, you need to determine how to divide the marital assets and liabilities equitably. In the event that you and your spouse cannot agree on an equitable division of the […]

During the divorce process, the more information that you have about your spouse, the better you will be able to prepare your case. Some divorcing couples make the mistake of assuming that they have all of the information they need about their spouse. However, sometimes there are hidden assets, whether they were hidden intentionally or […]