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Divorcing an Incapacitated Spouse: How a Guardianship and Conservatorship Can Help

It can be necessary in some divorce proceedings to include a guardian and conservator if one or both of the spouses are unable to manage their personal affairs and property because of a clinically diagnosed impairment. This goes beyond the common complaint of divorcing couples, "My husband/wife is terrible with money!" It goes to whether a spouse has the actual ability to understand the management of his or her personal affairs and finances. When one or both spouses are lacking this level of understanding, a judge in a divorce case will want to see that neither spouse is being taken advantage of in the divorce process, and a guardian and conservator is one way to install a safeguard. Because both guardians and conservators have authority over the incapacitated spouse, subject to any limitations as set forth by the court, both can (and both are required, assuming that there is marital property) sign a divorce agreement binding the individual. If a guardian and conserv...

Divorce and Renewal Spa BootCamp Weekend for Women

Once in a while we post events on this blog that are organized by other professionals whom we respect.  Below you will find information on a spa weekend for divorcing women, organized by Family Law Attorney Paula H. Noe, and Psychotherapist and Divorce Coach Betsy Ross. It sounds interesting but it leaves me wondering if I can successfully convince my wife that I need to organize a Golf Weekend for Divorcing Men. Even if that never happens, there certainly is some value to finding alternative ways to help both men and women find healthy ways to deal with the stress of divorce and learn how best to manage that stress in the future.  To that end here is the invitation forwarded by Betsy Ross for their program: DIVORCE AND RENEWAL SPA BOOTCAMP WEEKEND FOR WOMEN April 21-22, 2012 Norwich Inn and Spa Norwich, CT See DivorceAndRenewal.com The weekend will provide an opportunity for women who are RECOVERING FROM DIVORCE or STRUGGLING THROUGH DIVORCE o...

What County do I File my Divorce in?

Map Courtesy of  Digital-Topo-Maps.com   In Massachusetts, the county that you file your Joint Petition for Divorce or your  Complaint for Divorce in is controlled by M.G.L. c. 208 s 6 . Assuming that Massachusetts has jurisdiction to hear your case (which we explain in this previous post ), you should file in the probate court in the county where either you or your spouse lives, unless one of you still resides in the county where you last lived together, in which case you should file in that county. To figure out how that standard applies in your case, answer these questions to figure out where you should file: Question 1:  Do you or your spouse still live in the county where you last lived together?  If Yes, then file in that county.  If no, then continue to Question 2. Question 2:   Do you both live in Massachusetts?  If Yes, then you can file in either the county where you live, or the county where your spouse lives.  I...

Signs of a Cheating Spouse Infographic

In the wake of Valentine's Day perhaps you're wondering if you're the only one that your significant other bought a gift for. To help you answer that question a network of Private Investigators has put together an Infographic based on a survey of their members. Please don't take it too seriously: Courtesy of: PInow.com Kelsey & Trask, P.C. provides this graphic for informational purposes only. We do not endorse nor claim endorsement from the source site or organization. Kelsey & Trask, P.C. is not responsible for any information contained therein, unless indicated specifically on that site.

Best Valentine's Day Gift: A Court Ordered Trip to Red Lobster

NBC Miami is reporting that a Judge in Florida has ordered a husband to take his wife on a date .  The Judge ruled that a fight between the couple over the man forgetting his wife's birthday did not result in serious enough violence to warrant further court action.  Although, the Judge indicated he would not normally treat domestic violence so light-heartedly he categorized the incident in this case as "very very minor".  The wife can be heard in the full video indicating that she wants her husband to come home. After inquiring of the wife what she likes to do and where she likes to eat, he ordered the husband to buy flowers, a card, get dressed up and take his wife to Red Lobster and bowling afterwards.  He was not ordered to let her win.  The Huffington Post's coverage of the order is available below:

What Should I Expect at My Divorce Pre-Trial Conference?

Many of our divorce clients wonder what will happen at the Pre-Trial Conference. Most divorce cases actually settle at or shortly after their Pre-Trial Conference, so it is important to understand what the process actually entails before it begins. Prior to your court date for the Pre-Trial Conference, both parties and their respective attorneys, if any, will be required to meet in person at what is called a "four-way conference." The purpose of this is to encourage discussion about possible settlement prior to the Pre-Trial Conference, so that the process of resolving issues might have begun before the case gets in front of a judge. There is no testimony at a Pre-Trial Conference. If represented by an attorney, parties will not generally be asked to speak, although some judges have been known to ask the parties a few questions directly. Each party will be required to file with the court a memorandum summarizing the procedural history and positions on disputed issues...

It's a Mad, Mad World: Uncomfortable Praise for the Evolution of Divorce Law in the United States

Mad Men Season 3 Episode Photos Mad Men Season 3 Episode Photos Photo Gallery Don Draper (Jon Hamm) in Episode 13 One of television's most popular shows, Mad Men (season five premieres on March 25 on AMC), is set in the early to mid 1960s New York, and features the troubled marriage and eventual divorce of two of its main characters. The show has earned praise for its efforts to remain historically accurate, and as such, gives divorce practitioners a chance to view the dissolution of a marriage as if it were in a time capsule. The show's main character, Don Draper, is a professionally successful advertising executive with a lifestyle which includes a serious drinking problem and many extra-marital affairs. His wife, Betty, had been a model, but stopped working to care for their children after their oldest was born. After discovering one of Don's affairs, and finding out that he was actually living under someone else's name, and that he had previously been ...