Divorce Law Monitor

  • Divorce Litigation: Preparing for a Deposition or Trial TestimonyJanuary 08, 2021

    If your divorce goes to court, what you say will make a difference, and your opportunity to speak may include both deposition and trial testimony. What are these procedures, how do they differ, and how can you best prepare? Attorneys Tiffany Bentley and Ronald Barriere will demystify the process, covering what to do and what to avoid, and what to expect from in-person versus remote testimony via Zoom.

    Click here to watch the full webinar.… Keep reading

  • The Divorce Holiday CardDecember 23, 2020

    This year has been filled with strange new and different ways of interacting (or rather not interacting) with family and friends. I was happy to see that one thing stayed the same – holiday photo cards. I have to admit that the new life December brings to my mailbox is something I look forward to every year. I genuinely enjoy the cards adorned with family photographs. Holiday cards that I have received over the years have included engagement photos, wedding pictures, birth announcements, images of trips to exotic places, and updates on the lives of friends who I don’t hear from often enough. The images evolve over the years as babies are born, move through childhood, then grow up and start families of their own.

    There is one holiday card I received years ago that sticks out in my mind. On this card was a picture of a mother with her two sons. On the back was the tale of how dad had “left the family” and a difficult divorce was in progress. That Christmas card later became an exhibit at the divorce trial.

    Divorce happens. When it happens, it can be truly painful. But a holiday card is … Keep reading

  • Co-Parenting During the HolidaysNovember 23, 2020

    Carolyn Childs Van Tine and Andrea Dunbar discuss the do’s and don’ts of co-parenting during the happiest – and possibly most stressful – time of the year. Learn about “holiday parenting time,” how to negotiate for an agreement that favors the holidays most important to you, and what steps you can take in conflict situations – with or without a plan. Despite the challenges, you can set your family up for a joyful season filled with new memory-making traditions.

    Click here to watch the full episode.… Keep reading

  • Recent Appeals Court Decisions Clarifying Durational Limits for Alimony: Part 2November 19, 2020

    In my last blog post, I discussed the Clement v. Owens case, one of two recent decisions from the Appeals Court which further defined and clarified the durational limits of alimony in Massachusetts under the 2012 Alimony Reform Act. In this blog post, I will discuss the second case, Clemence v. Sklenak, which addressed the question of whether the Alimony Reform Act’s durational limits, set forth in G. L. c. 208, § 49(b), began to run on the date of the judgment of divorce (wherein the husband waived past, present and future alimony except in limited circumstances) or when alimony was awarded under a modification judgment. The Appeals Court found that because the divorce judgment provided for an initial “zero alimony award,” the durational limits commenced at the time of the entry of the divorce judgment.

    In the Clemence case, the parties were married for approximately thirteen (13) years.  A judgment of divorce nisi, incorporating the parties’ Separation Agreement, was entered in January 2017. Pursuant to the terms of the parties’ Separation Agreement, the husband waived past, present, and future alimony. The Agreement further provided that the husband’s waiver of alimony was based upon his receipt of … Keep reading

  • A House Divided – The Intersection of Divorce and PoliticsNovember 12, 2020

    Another uneventful election year is in the books. Well, almost uneventful . . . In reality, it was (is?) as contentious a political battle as we have seen in a very long time. In many ways, the nation’s political divide is analogous to a common divorce theme – each party has completely disparate views and priorities on a variety of issues which can lead to some (ahem) “irreconcilable differences.” Perhaps for some of you out there, opposing political views within your household may even be a cause that leads to a divorce. Regardless of the reason for the divide within the household (remember, Massachusetts is a “no-fault” divorce state after all), it is important to follow what happens next in the political process, as divorce and politics are always going to be intertwined, and no time is that principle more apparent than after an election year.

    Without getting too deep into a fifth grade civics lesson, the three branches of government (Executive, Legislative, and Judiciary) on both the state and federal levels create, implement, interpret, and contextualize the laws and policies which have a direct and indirect impact on the divorce process. Divorce is fundamentally governed by each state’s … Keep reading

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