Skip to main content
Mark Twombly Lee

Mark Lee’s Legal Guides

7 total

  • Your Choice of Venue in Seeking a 209A Abuse Prevention Order in Massachusetts

    In a recent slip opinion decision by the Massachusetts Appeals Court in the case of M.B. vs. J.B., No. 13-P-204, the appeals court clarified the venue provisions of M.G.L. c. 209A. Your Choice of Venu

    Read more 

  • COLLECTING CHILD SUPPORT IN MASSACHUSETTS

    Massachusetts General Laws Ch. 215 sec 34(a) provides that upon a finding of contempt of a court order to pay child support as ordered, the party bringing suit to enforce the Courts order is entitled to an award of attorneys fees, filing, and service costs. The underlying princip...

    Read more 

  • 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...

    Read more 

  • 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...

    Read more 

  • 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...

    Read more 

  • 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...

    Read more 

  • 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 ...

    Read more