Divorce & Family Law Blog

In Massachusetts, couples can either file for an uncontested or a contested divorce. The facts of each case will depend on which filing is appropriate: Uncontested Divorce Whenever the parties can agree on all issues prior to either party filing a Complaint for Divorce, the parties may request (called a “petition”) that the Court accept […]

Dealing with Pets During Divorce

  • By: Karpenski & Schmelkin
  • Divorce

During a divorce, there are many issues that may arise. One issue that is becoming more present during a divorce is who retains the pet after the divorce is final. In the Commonwealth of Massachusetts, pets are considered property subject to an equitable division. Understanding Pet “Visitation Rights” in Massachusetts If parties are fighting over […]

In Massachusetts divorce or child custody cases, a party may ask the Court to appoint a Guardian Ad Litem (GAL) to investigate, make recommendations and offer solutions that would be in the “best interests of a child(ren)” regarding custody, parenting plans, and relocation of the minor child(ren). The Guardian Ad Litem’s Investigation A Guardian Ad […]

Either party, or both parties, can request that the Court issue an alimony order as part of the terms of the Judgment of Divorce. Alimony is defined as support payments from a spouse who has an ability to pay to a spouse who is in need of support. This is the second part in a […]

Divorce can be hard on families with children, and one of the biggest issues that may arise is how to share parenting expenses. In general, child support covers the child’s food, clothing and shelter. However, the division of financial responsibilities can take a more difficult turn when extracurricular activities are considered, such as sports and […]

Divorce and Your Child’s Schooling

  • By: Karpenski & Schmelkin
  • Divorce

Many issues arise during a divorce. The most important issues involve your child or children.  Some of the most common issues include custody of the child, financial arrangements such as child support and alimony, and dividing property. One important decision that is often forgotten until the last minute involves your child’s education. Decisions on the […]

Understanding Postnuptial Agreements

  • By: Karpenski & Schmelkin
  • Divorce

Understanding Postnuptial Agreements 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 […]

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 […]