Often poorly written legislation has unintended consequences.  DOMA (the so-called Defense of Marriage Act) allows states to ignore marriages from other states or countries, when those marriages are between two people of the same gender.  We've previously written about the problems that this can cause in same-sex divorces : Same-Sex Marriage is Getting Easier, But Same-Sex Divorce is still Tricky .  But the problems don't just end there. Since some states won't allow you get divorced from a same-sex marriage, residents of those states have been told that they are essentially not married.  Does this mean that they can re-marry in that state?  The answer is yes, but not without potential consequences. To illustrate the risks, consider the following hypothetical scenario: Jane Smith and Janet Doe have been living together for years in Texas.  They have friends in Massachusetts and when they heard about the ballot initiative in Maine to legali...

UPDATE:  The changes proposed in this post were adopted on June 25, 2013 and became effective August 1, 2013. Massachusetts Supplemental Probate and Family Court Rule 412 currently allows for the filing of a Joint Petition for Modification of Child Support when two parents agree that the child support figure should be amended.  Often when there has been a material change in circumstances , two parents can agree that the child support should change to reflect the new circumstances.  If the new agreement can be reduced to a writing, then it can be submitted to the court with a Joint Petition under Rule 412, and the court may approve it without requiring a hearing (although the court may schedule a hearing if they have questions about the agreement). The obvious benefit to this joint petition process is avoiding the cost and stress of unnecessary trips to court when an agreement is reached between the parties.  When parties can't agree on whether chi...

Image from Wikipedia Two of my favorite articles regarding leadership were written by Alex Knapp of Forbes:   Five Leadership Lessons From James T. Kirk ; and  Five Leadership Lessons From Jean-Luc Picard .  While both captains were very different leaders, and each definitely has their own devoted cult following, there were still similarities in how they led.  For example, Alex points out that Captain Kirk surrounded himself with advisers who had different world views, and that Captain Picard was willing to ask for help when he needed it (whether from advisers or even sometimes from his opponents). What can these leadership qualities teach us about Collaborative Divorce? Ultimately when we are assisting divorcing couples, whether through the court process or through negotiation, we are leading them through a complicated and emotional process.  As leaders in this role we should be considering what types of leaders we want to be. ...

Guest Post Introduction: Jessie L. Foster, CFP®, CDFA™, MBA is a Collaborative Law Financial Professional who works with clients and their attorneys to fully understand the financial complexities surrounding divorce. She offers comprehensive analysis of the short-term and long-term impacts of proposed divorce settlements that may impact clients and their families well beyond divorce. Ms. Foster serves as Chair of the Massachusetts Collaborative Law Council (MCLC) , Members Meeting Committee and is a member of The International Academy of Collaborative Professionals, the Divorce Center and The Massachusetts Council of Family Mediation. What does a Collaborative Law Financial Neutral Do? By Jessie L. Foster, CFP®, CDFA™, MBA Financial issues in divorce are complex and the decisions a couple makes as part of the divorce process may be some of the most important fiscal decisions they will make in their lifetime. On the Collaborative Divorce Team the financial professional is ...

In 1994, the United States Congress enacted the Violence Against Women Act, which was the first U.S. federal legislation criminalizing domestic violence and sexual assault, and assigned federal resources to combat violence against women on a community level.  It was reauthorized in 2000, and again in 2005 ( read the text of the 2005 version ).  The 2005 version which recently expired, also addressed dating violence and stalking, expanded services to include children and teenagers, and established funding for rape crisis centers. Since this legislation was recently allowed to expire by Congress, it's important that you know what we are losing and why it was allowed to expire.  If after reading about the benefits of this Act and the reasoning for letting it expire you think Congress made a mistake by not renewing the Violence Against Women Act, then we encourage you to contact your representatives and tell them your opinion. The Violence Against Women Act -...

In a recent opinion, in which the Massachusetts Appeals Court affirmed the trial court's divorce judgment, a very expensive bachelor party in Las Vegas turned into an even more expensive divorce. In a marriage as short as Frank the Tank's  marriage in Old School (and 21 days shorter than Kim Kardashian's second marriage ), a physician ended up paying one year of alimony for a two month marriage. The story-line of T.E. v. A.O is right out of the movies  involving a husband who went to Las Vegas five days before his wedding in October 2008 and while there charged over $20,000 at a "men's club" and met a woman who he then began an intimate relationship with.  Upon his return from Las Vegas, the parties were married on October 4, 2008 in a wedding that cost approximately $150,000.  In clear violation of the Vegas marketing campaign , soon after the wedding, the wife learned of the extravagant Las Vegas charges and of the husband's ongoing relationship ...

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...