The Lewis Leeper Blog
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Child Custody order can not favor one parent’s religion
There’s no question that a child custody order can take the parents’ religion – and the children’s religious education and observance – into account. But a recent case shows that a custody order that goes too far in favor of one parent’s religion might not be okay. In this case, the father wanted to raise his two children as Jews. A custody order allowed him to have the children on all Wednesday evenings and Sunday mornings so they could attend Jewish religious training, and also said that he could have custody on major Jewish holidays, including Passover and all eight [...]
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Mother couldn’t be forced to move to accommodate visitation
A mother who moved from one state to another can’t be legally required to move back in order to accommodate the father’s visitation rights, a State Court recently decided. The mother had given birth to a child out of wedlock. After the father’s paternity was established through biological testing, he filed a lawsuit seeking custody or visitation. The mother had moved out of state while the case was pending. A judge awarded her custody, but ordered her to return so it would be easier for the father to visit the child. But on appeal, the State Supreme Court said this [...]
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The Dangers of Social Media in Divorce
A judge ordered a divorcing couple to give each other their passwords to Facebook, eHarmony, and Match.com, and not to delete any information from the sites. While this is a highly unusual step, it shows how increasingly relevant social media and dating websites are to divorce cases…and it’s yet another reminder that people who are contemplating divorce shouldn’t post anything online that they wouldn’t want to be revealed during the divorce proceedings, because they might well be. People who are thinking about divorce should never post anything online that they wouldn’t want to be revealed in court. The husband claimed [...]
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Federal benefits can be divided at divorce
Federal government benefits – such as from Social Security or the military – have their own rules, and those rules usually trump state law. So sometimes it’s unclear whether a state divorce court can divide up a federal payment. However, in several recent cases, it was determined that federal payments could be split at divorce. ● A military retiree’s health insurance benefits can be split at divorce, a State Court decided. That’s because of a federal law called the Uniformed Services Former Spouse Protection Act. Under that law, military retirement pay can be either individual property or marital property, depending [...]
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Must couples share property they acquire after they split up?
Most people assume that a divorcing couple’s assets will be divided according to what they own at the time they separate. But in some cases, things that happen after a couple split up can affect what they’re entitled to in a divorce. Only an attorney with expertise in divorce law can determine exactly what you might be entitled to…so it’s important to tell your divorce attorney about anything that could affect the prospects of both you and your spouse down the road. Take the case of a man in who was a 25% partner in a real estate development project [...]
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Massachusetts Alimony Reform Law
On September 26, 2011, Governor Deval Patrick signed the Alimony Reform into law. Following the trend of other states, this new Massachusetts law clearly sets out different kinds of alimony, including setting alimony term limits, where the ex-spouse is expected to become self-sufficient within a certain time period. 1. Alimony Term Limits Long-term marriages (more than 20 years): Alimony will end at retirement age as defined by the Social Security Act. 5 years or less: Maximum Alimony term is 50% of the number of months of marriage. 10 years or less but greater than 5 years: Maximum Alimony term is [...]
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Domestic Fights
More than likely someone is going to be arrested If the police are called to a domestic someone is leaving the house, either in the patrol car or if everyone is calm on their own. Do not make any statements to the police, like” he/she hit me first so i then…just relax, leave if you have to and move on. The more you say the worse it gets. The police and the courts are concerned that if they don’t do something and someone is hurt later they will be faulted. Don’t stop someone from calling or using their phone stopping [...]
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One Half is Not Always One Half
New Math If your spouse makes X per year and you are going through a divorce in Massachusetts make sure you discuss this concern with your lawyer because no matter who you hire, the math stays the same, dividing one income is still dividing one income. A strong divorce attorney will persuade the court that you are entitled to more than one half that way you can live the lifestyle you were accustomed to during the marriage. Paying Spouse The court is going to try and be fair. However if your divorce attorney does not argue that you should not [...]
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Divorce Thoughts – Choosing your divorce attorney
Don’t listen to everyone Each divorce case is different and each divorce is unique. Spend some time with a few different divorce attorneys before you make a decision and find the one whom you feel most comfortable. A long term marriage with children usually results in child support and/or alimony however that is not always the case. There is not an always in Probate Court, if you are a working spouse or a homemaker, find the right attorney for you. Many times with enough work the amount of alimony can increase, decrease or not be awarded. Many times the child [...]
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Experienced Attorneys in Boston Framingham and Dover Massachusetts
Our attorneys serve the entire Greater Boston Massachusetts region and have law offices in downtown Boston, as well as in the Boston Metrowest communities of Framingham and Dover. Our lawyers handle legal matters regarding: Divorce litigation Criminal defense Immigration law Bankruptcy Personal injury Contact us if you have a legal matter and seek exceptional legal representation. Our attorneys serve the entire Greater Boston Massachusetts region and have law offices in downtown Boston, as well as in the Boston Metrowest communities of Framingham and Dover. Contact our attorneys now for a consultation and advice on the next steps in the legal [...]