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Middlesex County Divorce Law Blog

Myths abound about the child custody negotiation process

There is a lot of misinformation floating around on the Internet and in social circles about the nature of child custody agreements in Massachusetts. Chances are that you have heard one of these rumors, cautioning you not to get your hopes up because you might lose out big in your own custody battle. The fact is that many Massachusetts residents make poor decisions based on incorrect information about child custody. Avoid that fate by following along as we debunk common custody myths.

First, many families believe that mothers will always win custody battles. Decades ago, mothers did have a custody advantage because they were seen as the primary caregivers to the children. However, with changing social and financial norms in the U.S., a growing number of fathers are receiving physical custody of their children. State laws are also designed to provide an equitable division of child custody.

Alimony reform forges ahead in Massachusetts and other states

Controversy takes many forms in the discussions of marriages and divorce. Child custody is sacred, as well as spousal support. Alimony reform is on the minds of many now since a recent beloved personality took his own life due to depression.

Speculation was fodder for talk shows. One columnist from a newspaper in New England blamed alimony. She maintains his death could have been prevented if not for ex-wives sniffing around the table to make off with the prime rib and leave the master to his scraps. It was reported that $30,000 monthly went to each of the spouses and their children. It would not be the first star or high profile celebrity who lamented his financial trouble, falling into bankruptcy or an equally unpleasant state.

Florida considers Massachusetts' lead to lift ban on gay marriage

The lawmakers who voted in Massachusetts ten years ago to legalize same-sex marriage probably had no idea the cauldron they were opening. Since that time, many states in the country have followed suit, including the highest court of the land in the Sunshine state. The state of Florida's Supreme Court is determining whether the ban on same sax marriage is constitutional.

Much along the lines of what prompted Massachusetts a decade ago, the decision involves a majority number of judges from the state's District of Appeal who urged the Supreme Court of the state to settle a most important public issue.

Gay spouse sues state for discrimination of his civil rights

A tragic turn of events has resulted in a lawsuit against a state to the south of Massachusetts. Given the circumstances, it might as well be another planet.

A same-sex couple married in Massachusetts three years ago. The union was perfectly legal, as Massachusetts allowed gay couples to get married and get divorced. In this case, the couple went back to their state of residence, Alabama, where one partner was later killed in a fatal automobile accident.

No expiration date on divorce, adult children suffer, too

Divorce statistics, like many things in life, are depressing. While divorce strikes about half of all marriages in the U.S., we frequently think about the well-being of young children. Statistics show that fifty percent of children of divorced parents will deal with it before they turn 18.

Lesser known information deals with those who suffer the trauma of divorcing parents as adults. Given the fact that "grey divorce" is on the rise, adult children are now thrown into the maelstrom of divorce.

New state follows Massachusetts' lead for right to divorce

Massachusetts has earned another ally as one more state in the country is grappling with the decision to lift the ban on gay marriage. The Sunshine State was the third state in the last few weeks to make the move, marking a decisive trend to segue into gay divorce.

The most recent decision was handed down in Broward County, accompanied by Miami-Dade and Monroe. The rulings come as no surprise following the lead of Massachusetts over ten years ago.

Same sex couples agonize over divorce

Many gay couples were happy to see the ban lifted on same-sex marriage. Now, many are seeking gay divorce. One Texas resident is seeking a divorce and wants shared custody of the couple's toddler.

Currently, she will have access to neither. As a resident of the Lone Star State, the courts do not recognize her marriage. They consider her marital status as single and no name appears on the birth certificate. The Texas woman was happily married in that state, but eventually, wanted a divorce. The process is more complicated than she thought. Her situation is not unique, as the process is continuing across the country.

Massachusetts divorce law paves the way again in gay couples

Massachusetts has led the way for couples in other states to strike down the ban on same sex marriages. Conversely, it has also impacted whether to allow same-sex divorce.

Many other states have followed Massachusetts' lead, most notably, the state of Colorado. Gay couples have lobbied there to fight the ruling to wait until the matter was brought to the Supreme Court. Recently the state Supreme Court has mandated an end to the ban on same-sex marriages. In a bold move, the county clerk was ordered to stop issuing marriage licenses to same sex couples pending a ruling on the ban's constitutionality. In the meantime, gay couples have been campaigning vigorously to overturn the motion and have received support from some local district judges.

Neighboring state proposes alimony reform

Massachusetts is not the only state noted for its pioneering. Its neighbor, New Jersey, is undergoing a process that could signal the start of changes in spousal support. After months of haggling, New Jersey lawmakers have arrived to a proposal that would present a landmark compromise move in the area of alimony reform.

The state is proposing an end to permanent alimony that would affect excessive number of payments reflecting the duration of a marriage. They are suggesting a cap of five years of spousal support.

Football team owner to testify in child custody case

Massachusetts football fans are probably familiar with the antics of Indianapolis Colts owner Jim Irsay, who has been accused of a variety of legal violations in recent months. Irsay, who was arrested in March on allegations of intoxicated driving, is now being compelled to testify in a child custody case in Indiana. The case relates to the children of his cohabiting partner, whose ex-husband does not want his kids exposed to Irsay’s antics.

Official reports show that the man petitioned the court to order Irsay to testify at a child custody hearing. The ex-husband says he does not want his children to be around the Colts owner, whom he accuses of being a substance abuser and lacking “morals and self-respect” despite his financial prowess. The father believes that Irsay’s testimony will reveal the negative aspects of the atmosphere in which the children are being raised.

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