I am often asked about what the Rule 411 Automatic Restraining Order means, and how it will affect a client's divorce. The most common concerns relating to this subject go something like this... "...but how will I pay my bills?" "How will I be able to pay my attorney if…
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Are Unvested Stock Options Considered a Marital Asset in A Divorce?
In the 2001 case of Toni Baccanti v. George I. Morton, 434 Mass 787 the Massachusetts Supreme Court considered the question of whether a Probate Judge abused his discretion in dividing marital property in a divorce proceeding particularly with regard to unvested stock options that the couple had. Summary of the Case: In Baccanti v.…
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How to Cope with an Unwanted Divorce
Let’s face it: many of the millions of divorces that take place in the United States are unwanted by one spouse in the relationship. Some can see the divorce coming, whereas others are completely blindsided. In one study, a total of 62% of people surveyed (42% men and 20% women) wanted their marriage to work…
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The Case of Dolan v. Dolan: Massachusetts Two-Prong Test for the Modification of Alimony
In the recent case of Dolan v. Dolan, the Massachusetts Court of Appeals affirmed the longstanding rule for applying the two-prong analysis used in determining whether an applicant has demonstrated a material change in circumstances for the purpose of calculating alimony modification. In the appellate case, Mr. Dolan appealed the ruling of Judge Gorman, who…
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