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Newtown Tragedy: Actions Speak Louder

These are the victims of the school shooting that occurred on the morning of Friday, December 14, 2012 at an elementary school in Newtown, Connecticut. We have purposefully not included a link to a news story in this post because the news is concentrating on the details of the gunman's life.  We believe that is a mistake.  Here is the information that we believe is important and undisputed: All of these victims deserved a longer life, and a better ending to their story. This tragedy was preventable, and future tragedies like this are preventable. Everyone of us has the ability to contribute in some way towards making our country a better place where violence like this is a history lesson instead of a headline. The only way that we can take away the power of one bad man to write the ending for these victims, is to change that ending by recognizing our ability to contribute, and taking action. We have all had three days now to voice our pain and outrage.  As a...

A Tree Grows in your Office: A Metaphor for Divorce

We all know that to have a successful marriage, the relationship has to be nurtured and fed.  Spouses who do not pay attention to the needs of their relationship are doomed to grow apart instead of growing together.  But just because a marriage withers on the vine, doesn't mean that a divorce has to result in sour grapes. Many of the problems that prevent people from having a successful divorce stem from the false assumption that divorce is an endpoint. Divorce, like marriage, is a relationship.  Anyone who has been through a divorce can dispel the notion that a divorce is just an event, begun one day and over the next.  Divorce is a process, that takes time, requires patience, and still involves a relationship between spouses.  And when spouses have children together, that relationship doesn't end when the divorce becomes final, it continues for graduations, weddings, grandchildren and more. Divorce, like marriage, is a relationship.  Bo...

How to explain the new Domesticated Animal Restraining Order provisions to your pet!

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...

What should you tell your child about your Evil Ex?

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. ...

Where do the candidates stand on DOMA?

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...

When does 30 + 90 not equal 120? In Divorce Court!

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...

Divorce in Massachusetts: 5 Things You Need to Know to Get Started

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...