"We must come to see with the distinguished jurist of yesterday that 'justice too long delayed is justice denied.' "  - from the Letter from Birmingham Jail by Martin Luther King, Jr. Seeking and obtaining the assistance of the courts in resolving disputes is a right afforded the residents of our republic, but it is not always administered justly and equally.  Many have been denied those rights over the years due to discrimination or economic limitations, and it is a privilege of access that many others have come to take for granted. The COVID-19 crisis has highlighted just how necessary court access is in emergencies, and also delayed significantly the access to courts for non-emergency matters.  Unfortunately, what constitutes an emergency is very limiting, and for many this means bearing the stress and trauma of ongoing litigation for much longer than even the normal lengthy process.  Now more than ever is the time to consider alternatives. T...

For many people the judicial system is the most mysterious of the three branches of our government.  Especially in states like Massachusetts where judges are appointed instead of elected, the legislature and the executive branch dominate the news.  In addition, most people want to avoid the courthouse.  The court is where people are sued, get divorced, or go to jail.  But that's not all that happens there. The judicial system in our republic serves the People, just like the legislators and executors.  The courthouse should also be a place where families are protected and respected, where disputes are resolved, and where victims receive justice.  The court system should not be something we fear and it should not be a mystery. So we commend the Massachusetts trial courts for their plan to invite the public in on November 8, 2017, for the aptly titled " This is Your Court Day Open House ".  The event will be taking place in eight courthouses around ...

Guest Post by Attorney & Arbitrator Anthony C. Adamopoulos * A recent decision of our Appeals Court, Gravlin v. Gravlin , is good news for those facing divorce. For collaborative divorce attorneys and divorce mediators, the decision confirms that arbitration is the viable alternative to court litigation for resolving a single issue or even taking the place of a full court trial. In Gravlin , the Appeals Court acknowledged: “… arbitration has long been recognized as a valid means of resolving disputes between divorcing parties.”   This blog's primary author, attorney/mediator Justin Kelsey , has often praised the value of using alternatives to divorce litigation; with Gravlin , the Appeals Court has stamped an imprimatur of sorts on divorce arbitration. While arbitration is available to replace a public court trial, I encourage the use of collaborative divorce or mediation to “work out” divorce issues, as discussed in previous posts on this blog . However, if col...

In our previous post , we explored the problem with the way that most resources (including the court's own website) answer the question "How do I start the divorce process?"  Most resources answer this question by telling you which court forms you can file.   However, the court forms don't determine how to divide your finances, or where your children will live.  The court forms only determine whether you will make those decisions for yourself or ask a Judge to make them for you. Before you decide what forms to file, you need to make a decision about what level of control you want over your own divorce process and major life decisions.  If you have children, you also need to consider your communication and relationship goals for co-parenting post-divorce, and which divorce process will best help you meet those goals.  Each different process offers different levels of assistance from various types of professionals.  Which option is right for you depends on ...

There is no one-size fits all divorce process and for that reason there are a number of different ways to start a divorce in Massachusetts.  This means that you have options!   Unfortunately, that is not the same message you will hear from everyone, because who you ask this question to makes a difference in the answers you will receive. Most cases settle, even when they start in litigation.   So why do more people start with litigation? You may have heard the story about the woman with back pain who asks her doctor what she should do.  The doctor prescribes pain medication and exercise.  She wants a second opinion so she visits a surgeon, and the surgeon recommends surgery.  She's not ready for surgery so she seeks a third opinion from a chiropractor who tells her that all she needs is regular adjustments.  Finally, when she complains to her therapist about not knowing what to do with these differing opinions, her therapist tells her the pain i...

There are many resources available to help you answer the question "How do I Start the Divorce Process?"  Unfortunately, many of them only tell you part of the story.  This three part blog series will explore why that is and make an effort to gather all of the information in one place.  In Part one we provide you with our answer to this question.  In Part two we explore some of the other answers you might receive to this question and explain why they are incomplete.  In Part three we provide a more complete answer with an in-depth summary of each divorce process option. How do I Start the Divorce Process? Divorce is a legal, financial and emotional process for ending a marriage.  In Massachusetts the legal portion of the divorce is either contested or uncontested.  “Uncontested” means that you both agree to the divorce and have reached a full agreement on all legal and financial issues.  An uncontested divorce can be filed in Massachuset...

When parents are considering the D-word, they may have many fears, concerns and questions:  How will I afford a divorce?   How often will I see my children?   Where will I live?  Will the divorce hurt my children?   For most parents this last question can be so concerning that it causes them to put off their divorce.  Even when a divorce is inevitable parents are often paralyzed by their fear of how the divorce may impact their children, especially when the children are young.  This fear is warranted because many parents significantly damage their children's mental health by how they divorce and how they manage their relationship after the divorce. A recent thread on Reddit highlighted the question:   Reddit Children of Divorce, what was the biggest thing you learned from your parents split and how did you end up? Many of the responses are both heartbreaking and insightful: Excerpt from  AskReddit Split, a recent film, also explore...

Unrolled Joint (Public Domain Image courtesy of Wikipedia) Medical Marijuana has been legalized in Massachusetts and   possession of one ounce or less, even for "recreational" use, has been decriminalized .  In addition, marijuana for recreational use has been legalized in two states in 2013, and more may be on the way . Traditionally, illegal use of marijuana by a parent could result in DCF involvement and would definitely be a factor considered by a family court if two parents were disputing custody in a divorce or paternity action.  Although many parents did not see "what the big deal was", judges would often test for marijuana use and restrict parenting time for parents that tested positive. Does the national shift towards legalization for both medicinal and recreational use mean that smoking pot should no longer be a factor in determining fitness for custody?   In an article written by  Henry Gornbein  when states began legalizing medicinal ...

On Thursday, June 20, 2013 Chief Justice of the Trial Court, Robert A. Mulligan, announced via Press Release the latest revisions to the Massachusetts Child Support Guidelines which will become effective on August 1, 2013.  Federal rules require that the court review the guidelines every four years, and the current guidelines were enacted in January of 2009. The Chief Justice, with the assistance of a task force he appointed in 2012, reviewed the guidelines with the hope of "producing guidelines based on the current economic climate for families raising children in Massachusetts." Since August 1 is pretty close, we at Kelsey & Trask, P.C. want to help everyone understand these new guidelines and how they affect current divorce, paternity and child support modification cases.  Over the next few days we will be posting multiple blogs regarding the changes these new child support guidelines will implement, and providing an updated user-friendly calculator to assist ...

The current Massachusetts Child Support Guidelines  became effective on January 1, 2009 and another update may be on the way.  The Massachusetts Trial Court is currently seeking public comment and suggestions concerning potential changes to  the Massachusetts Child Support Guidelines. The Child Support Guidelines Task Force which will consider potential changes will accept written comments and brief oral statements (limited to three minutes) at five public forums to be held in September, 2012.  The dates and times of the public forums are available here. Written comments can be submitted to the Child Support Guidelines Task Force at: The Administrative Office of the Trial Court; Suite 540, Two Center Plaza; Boston, MA 02108 or via email at: childsupport@jud.state.ma.us . The deadline for submission of all comments is September 30, 2012. To calculate child support under the current guidelines visit our Massachusetts Child Support Calculator here.