Category Family Law

Child Visitation and Divorce Cases in MA

The term visitation is becoming archaic in divorce actions. With the increasing involvement of both parties with the children of their relationship, the more appropriate term to use is “parenting plan”. In other words, taking into account the age and needs of the child as well as the schedules of the child and the parents, […]

MODIFICATION OF DIVORCE AGREEMENTS IN MASSACHUSETTS

When we meet to discuss modification, the first issue I need to determine with you is whether or not the order/judgment can be modified. When a divorce agreement is prepared and submitted to the probate court for approval, once the judge approves the agreement, the question becomes, does the agreement merge or does it survive. […]

Divorce Cases in Massachusetts

I have been representing clients in Massachusetts who are involved in uncontested as well as contested divorces for thirty eight years. In that time period I have experienced different types of cases that might fit into categories, but each case is unique based upon its own set of facts. What I mean by this statement […]

DOMA

THE UNITED STATES: STILL THE LEADER OF THE FREE WORLD What a truly momentous decision that was issued by the United States Supreme Court on June 26, 2013. DOMA, known as the Defense of Marriage Act, was held to be unconstitutional. This law enacted by Congress in 1996 that limited marriage to one man and […]

DIVORCE AND EXPECTATIONS

The purpose of this article is to describe expectations after you have selected an attorney to file for divorce. This is not intended as a comprehensive study but rather as a general guide which raises some issues that you may encounter and hopefully to help you understand the process better. Nor should this writing be […]

Mother’s Day

Happy Mother’s Day from all of us at The Law Office of Philip J. Byers.

CHILDREN CAUGHT IN THE MIDDLE OF DIVORCING PARENTS

Can you imagine how incredibly difficult it is for children who love and trust their parents to hear each say contrary and belligerent things about the other parent? Can you imagine the stress these children who are in the middle of a battlefield experience as drones and rockets explode over their heads? I am seemingly […]

ALIMONY-THE ATTACK ON NON WORKING SPOUSES

During the course of a divorce or a modification dealing with support issues, be they alimony and/or child support, you may encounter terminology entitled “attribution of income”. This is not arcane language. This is often a very important issue in determining the amount of support. Essentially, attribution of income means that a non-working spouse either […]

LinkedIn

Hurray! I have one of the top 5% most viewed @LinkedIn profiles for 2012. http://www.linkedin.com/pub/profile/44/4a5/717

DO ALL MARRIED COUPLES HAVE EQUAL RIGHTS?

The Constitution of the United States of America guarantees its citizens equal protection Fourteenth Amendment The Fourteenth Amendment has been frequently used in landmark decisions granting citizens of this country in different states those federally guaranteed rights in criminal prosecutions such as right to counsel, right to a jury trial, and right to confront witnesses. […]