Divorce

Contempt of court in Massachusetts family law cases is civil in nature and occurs when an individual is found to have deliberately failed to obey a court order or judgment. If an individual is found to be guilty of contempt, they could face a penalty. However, it isn’t always appropriate for one party to claim […]

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 […]

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 […]

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

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 […]

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 […]

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 […]