Category litigation

What is Alimony?

For the 38 years that I have practiced divorce law, the word alimony has been the anathema to those divorcing individuals and an obligation, in their view, to be avoided.   With the enactment of the Alimony Reform Act of 2011, your basic understanding of what alimony is should be a prerequisite to your understanding the […]

Alimony Reform Revisited: A Basis and a Defense

As we discussed in a previous blog, Massachusetts Alimony Reform is now law.  People who are 67 years old or older and have retired may bring an action for modification beginning on March 1, 2013.  Others who wish to bring their actions based only upon the time limits for alimony payments must wait until that […]

Virgina is for Lovers?

A lead story in the Sunday New York Times  dated July 29, 2012 concerned a same-sex married couple in Vermont who had one child born from one of the parties during the marriage by artificial insemination who had subsequently decided to divorce.  Vermont does recognize same-sex marriage, and as a result, divorces in that instance are […]

Mediation v. Litigation

(originally posted http://www.philipjbyers.com on February 16, 2012) There are many benefits to ADR, otherwise known as Alternative Dispute Resolution.  The procedure is more civilized.  Lawyers can be involved and participate in the process.  The better mediators encourage the parties each get an attorney.  The often asked question is why do you want an attorney if […]