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Boston Divorce Law Blog

Kordell Stewart reaches child custody agreement with son's mom

During a divorce, it is natural for the two parties two fight over their most valuable possessions, such as the car and the house. However, their children often are seen as even more valuable, so going through a child custody battle with an ex-spouse can be frustrating. The court in Massachusetts will have to make the final decision concerning child custody based on the children's best interest.

In one high-profile, out-of-state case, former football player Kordell Stewart has been fighting with Lae Tania Richardson over their 9-year-old son since 2011. The two have finally reached an agreement regarding custody of their child. Stewart at first wanted full custody, but Richardson didn't support this, claiming that the former football star spent little time with his son.

Lifestyle Clauses: Beneficial or Bizzarre?

A Lifestyle Clause in a prenuptial agreement is exactly as it sounds - a clause which addresses expectations of each party's behavior within the marriage. A Lifestyle Clause can establish specific guidelines for expected behavior within the marriage, such as infidelity, religious practices, child rearing and even maintenance of one or both party's weight and image. Although the provisions expressed in some Lifestyle Clauses may seem to outline bizarre and far-fetched ideals, individuals utilizing a Lifestyle Clause do so in order to eradicate potential issues in the marriage.

Property division can affect a person financially post divorce

Living with a spouse can add to one's life if the two get along. A person can get both emotional and financial support from the other party. However, if the two decide to obtain a divorce, a person might panic, knowing that he or she may be losing both forms of support from a spouse going forward. A few tips can help to effectively prepare for a divorce proceeding in Massachusetts, during which matters such as property division and the division of marital assets must be addressed. Being prepared before the divorce may help to lead to more financial stability and peace after the proceedings are concluded.

First, it is important to know one's credit score. An individual can gain an understanding of their financial situation by reviewing previous tax returns and examining recent bank and investment statements. In addition, people might benefit from opening credit cards in their name. This is wise to do while they are still with their spouses and thus have higher household incomes.

NY Judge: Ex- Fiance Can Keep $53K Diamond Ring

Text messages and social media posts to or about your ex can come back to haunt you! A news agency out of Buffalo, NY posted an article about an ex-fiancé who was allowed by a judge to keep her $53,000 diamond engagement ring even though the marriage was called off. Usually, an engagement ring is a conditional gift from one person to another as a promise to marry. In cases where the relationship breaks down before the marriage takes place, and when the engagement did not take place on a birthday or a holiday, the majority of courts find in favor of the offeror, reasoning that the gift of an engagement ring does contain an implied condition of marriage. See our blog, "Engagement Ring: Marital or Personal Property" for more detailed information.

Embattled dad fighting uphill battle to get custody of daughter

When parents have disputes over child custody during the course of getting divorced, things can get heated. One parent might accuse the other parent of unethical or immoral behavior, hoping to boost his or her own chances at success while derailing those of the former spouse. But while heated words are one thing, heated actions are another.

One mom in Connecticut is accused of taking this concept to the extreme: In 2012, she was arrested and charged with offering a maintenance man several thousand dollars if he would kill her former husband. The plot was thwarted, and the woman is awaiting trial after pleading not guilty to the charges.

The Latest News on Temporary Alimony in Massachusetts

The Supreme Judicial Court released an opinion recently that provides clarification of the relationship between temporary alimony ordered during the pendency of divorce proceedings, and durational limits to alimony under the Alimony Reform Act of 2011. Under the Act, the maximum length of time an ex-spouse can be required to pay alimony to their former spouse is based on the number of years of the marriage. For example, in marriages that lasted more than 15 years, but less than twenty years, general term alimony shall not continue for more than 80% of the number of the months of the marriage, excepting cases where deviation from the durational limit is required in the interest of justice.

Dating During Divorce- Logistics behind bill 787

Last week, Senator Richard Ross filed bill 787 on behalf of a former Wrentham Selectman, Robert LeClair. Bill 787 proposed that couples going through a divorce are prohibited from dating or having sexual relationships in their home until the divorce is finalized, unless permission was granted by the court. This may seem trivial to many, and near impossible to enforce, but there are some key factors we can consider from this latest buzz. If there are children of the marriage, it is important to remember the parent/child relationship is very different from the marital relationship, and must honored. It is best to communicate with your spouse when the right time is appropriate to bring someone new around the children. Divorce is difficult for children to begin with, and you do not want to complicate or confuse what their perception of marriage is. On Fox25 news, a divorce attorney addressed this topic, stating that if a parent is concerned about the other spouse bringing someone new around the children too soon, they may request an order to prevent this from the judge.

Paltrow introduces world to new way of describing divorce

It's been pretty hard to avoid the phrase "conscious uncoupling" over the past few days after Gwyneth Paltrow used the term to describe her separation from her husband, Coldplay singer Chris Martin. The world was soon intrigued: what does "conscious uncoupling" mean? Is it a legally-recognized term or just something that Paltrow came up with to put a unique spin on the idea of divorce?

It seems to be the latter, though she is certainly taking it seriously. An article on Paltrow's website, where she made the "conscious uncoupling" announcement, touted the phrase. But it still makes you wonder what Paltrow and, by proxy, Martin will do differently in their separation that makes it qualify as "conscious uncoupling."

Pending Legislation on Beacon Hill

Currently, there is legislation pending on Beacon Hill regarding couples dating and engaging in sexual relationships during the pendency of a divorce. The pending legislation would prohibit couples going through a divorce, which involved children and a marital house, from conducting relationships within the martial house until the divorce was finalized, unless the divorcing party had the express permission from the Court to engage in such a relationship.

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