On October 31, 2012, a new statute took effect in Massachusetts adding protection for domesticated animals in restraining order cases.  This does not mean that you can obtain a restraining order for your puppy from that feisty dog next door.  The new provisions only allow for a court order relating to the possession, care and protection of a pet when a temporary or permanent vacate, stay away, restraining or no contact order is already in effect or has been requested.   In simpler terms: this new law allows custody orders and protection orders for pets to protect them from the abusers of their human owners. So what do you do when your pet asks you how this new law affects them?  We've provided some helpful answers to make that conversation go more smoothly: "Super Awesome Best Friend, how can I help protect you from that angry guy?" "That's not something you have to worry about anymore.  The court provided me with an order that prevents him from co...

My oldest daughter and I have found a TV show that we both can agree on: Disney's Phineas and Ferb  (new episodes Fridays on Disney Channel, and available on Netflix Instant Watch).  The basic plot of the show is that two boys, Phineas and Ferb, create an unbelievable invention in each episode and have an adventure, while their older sister, Candace, tries to catch them in the act of doing something dangerous.  There is a side plot in most episodes involving their pet platypus, Perry, who also happens to be a secret agent foiling the plot of Dr. Doofenshmirtz, an inept evil scientist. Dr. Doofenshmirtz (as seen in Phineas and Ferb ) The reason the show also appeals to adults is that the characters are well rounded and experience everyday situations in addition to the incredible plot adventures.  In the episode I Scream, You Scream , for instance, we find out that Dr. Doofenshmirtz has an ex-wife, Charlene Doofenshmirtz, and a daughter, Vanessa Doofenshmirtz. ...

The Defense of Marriage Act (DOMA) has been held unconstitutional by both the 1st and 2nd U.S. Circuit Courts of Appeals.  While we wait to see whether the Supreme Court will review these cases, you may have heard that there is an election coming up.  Whether or not the Supreme Court overturns DOMA, congress has the authority to repeal the Act if they so chose.  Since the major party presidential debates ignored this issue, you may not be fully aware of the party platforms on this issue. Each of the following parties has a presidential candidate running for president in 2012, and below we have excerpted their platforms' references to DOMA, same-sex marriage, and discrimination based on sexual orientation (click the links to read the entire platform): 2012 Republican Party Platform excerpts : "Defending Marriage Against An Activist Judiciary A serious threat to our country’s constitutional order, perhaps even more dangerous than presidential malfeasance, is an a...

As we covered in a previous post ( What happens after my Divorce Agreement is approved by a Judge? ), there is a 90-120 day waiting period after your divorce is allowed before it becomes final in Massachusetts. But that 90-120 day waiting period may not be exactly 90-120 days from your settlement date: If you filed a Joint Petition for Divorce in Massachusetts then you will participate in an uncontested divorce hearing and the Judge will then issue Findings of Fact the day of the hearing. A Judgment of Divorce Nisi will issue after thirty (30) days, and it will become Absolute after a further ninety (90) days. This means that if you file a Joint Petition for Divorce you are not legally and officially divorced until at least 120 days after the divorce hearing date. If you filed a Complaint for Divorce then your case will end either with a trial (if you don't settle) or an uncontested divorce hearing (if you settle). If you reach an Agreement, then a Judgment of Divorce Nisi w...

There are five questions you will need to answer to get started with a divorce in Massachusetts: 1. CAN you file for divorce in Massachusetts? 2. WHY are you getting divorced? 3. HOW will you get divorced? 4. WHO can help you get divorced? 5. WHERE will you get divorced? We answer each of these questions below: 1. CAN you file for divorce in Massachusetts? If you have been a resident of Massachusetts for one year then you can file for divorce in Massachusetts. Even if you have not been a resident for one year, you still may be able to file for divorce in Massachusetts but it may be complicated to determine. We created an infographic to clarify the confusing question of jurisdiction over a divorce case in Massachusetts by consolidating the statutes and case law into one chart available here: Can I file for divorce in Massachusetts? An Infographic. Just because you can file for divorce in Massachusetts, however, does not necessarily mean the court has jurisdiction o...

There are four tracks you can choose from to get divorced in Massachusetts: Direct Settlement Negotiation, Litigation, Mediation, or Collaborative Divorce. We created the following infographic to help you visualize the different tracks you can choose from, and how you might end up moving from one track to the other (as well as some of the important waypoints along the way): You may reprint or distribute this Infographic on your website so long as the copyright and contact information for Kelsey & Trask, P.C. remains attached to the bottom of the image. To reprint copy and paste the following code: Click here for more information about Divorce Options in Massachusetts .

The following chart displays the paths for determining whether you qualify to file a divorce in Massachusetts. Our hope is that this infographic can help clarify the confusing question of jurisdiction over a divorce case in Massachusetts by consolidating the statutes and case law into one chart. As we discussed in a previous post , just because you can file for divorce does not necessarily mean the court has jurisdiction over all issues in your case. If your case involves residency, property, or children living in multiple states, you should definitely consult with an attorney . You may reprint or distribute this Infographic on your website so long as the copyright and contact information for Kelsey & Trask, P.C. remains attached to the bottom of the image. To reprint copy and paste the following code: Click here for more information about Divorce in Massachusetts .