Category Salem MA

Part 2: Preparing for a Divorce Trial in Massachusetts

QUESTION 2: How does one prepare for trial? The trial is a presentation of evidence through witnesses’ testimony, sometimes by testimony presented via deposition transcripts, either audio/visual or transcript, and the presentation of documents and other physical evidence as exhibits. A trial, if done properly, is a highly technical, arduous exercise, where good trial lawyers, […]

Massachusetts Divorce Trials

SERIES: YOUR DIVORCE WILL NOT SETTLE, SO THE JUDGE ASSIGNS YOU TO TRIAL There are certain cases that I get every year in which the parties are so intransient and emotionally dug in, that the divorce will not settle. These are the cases that usually involve one of the following: sole physical and/or sole legal […]

Child Support- Massachusetts

Child support is an issue that has received a great deal of attention and revamping in the last two decades. Whether you are the person who pays or will receive payment, you will want to understand this important issue. The federal government, in order to bring the states into line on the child support issue, […]

New Website- Philip J. Byers

We are very proud of our new website http://www.philipjbyers.com and hope you will view it and let us know what you think. We especially want to thank Dr. Aaron Pollock, draaronpollock@gmail.com, who designed and implemented it for us. He did an AMAZING job and was a pleasure to work with!

Paternity Cases in Massachusetts

There has been a proliferation of paternity cases in the probate court. These cases arise when the parties are not married but have a child together. When I first started practicing law in the 1970’s, paternity meant blood tests and criminal non-support complaints issued by the district court. In today’s world where paternity filings exceed […]

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 […]