Mark Twombly Lee's Guides

PRESERVING PARENTING RIGHTS

PRESERVING PARENTING RIGHTS In Massachusetts, non-custodial parents who choose not to exercise court ordered parenting time cannot be held in contempt for not exercising their parenting rights under a court order or agreement incorporated into a judgment. Custodial parents in Ma...

The Cyber Public Square

THE CYBER PUBLIC SQUARE If you have any concern that you are in a relationship that could end in divorce or a custody battle over where your children live and with whom, my advice to you is to close down any social networking site you maintain - it will make your lawyer's life a...

ADDRESSING NON-PROBATE ASSETS IN SIMPLE ESTATE PLANNING

When I first began drafting wills for clients fifteen years ago, I thought paragraphs confirming the intention of the testator relative to non-probate assets like joint bank/investment accounts was a commentary on the obvious and excesses verbiage meant to add a few pages to othe...

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Dissipation of Marital Assets as a Theory of Recovery in Divorce

Upon the filing of a complaint for divorce by the Plaintiff and the service of same upon the Defendant spouse, an automatic property restraining order is imposed upon the martial estate pursuant to Rule 411 of the Supplemental Rules of the Probate Court pursuant to Massachusetts...

Do I Have to Leave the Marital Residence Once I File a Complaint for Divorce in Massachusetts?

Do I have to leave the marital residence once I file a Complaint for Divorce in Massachusetts? The simple answer is: no. The mere filing of a complaint for divorce does not obligate either spouse to leave the marital residence. While the Complaint for Divorce promulgated by the ...