Nan N. v. Rex R., 25-P-524
This is an appeal by Rex, R. (the Husband) from an order by the trial judge extending Nan, N.’s (the Wife) c. 209A restraining order against the Husband, finding that it was necessary to protect the Wife from the likelihood of “abuse,” both in terms of “coercive control, and due to being in “reasonable fear of imminent serious physical harm” by the Husband....
Arun Kumar Shastry v. Sangita Rani Shastry, 24-P-1259
This case is an appeal by Sangita Rani Shastry (the wife) from an amended judgment of modification issued by the Massachusetts Probate and Family Court, which reduced her ex-husband Arun Kumar Shastry’s alimony payments from $1,000 to $580 per week as of December 5, 2023. The Appeals Court affirmed the lower court’s decision. By way of...
De Felipe V. Suwwan (October 14, 2025), 24-P-792
The Massachusetts’s Appeals Court upheld the lower court’s equitable distribution of Nonvoting Common Shares (NVCs), Investor Entity Units (IEUs) and an award of alimony. The parties married in 2006 and had one minor child together. The Husband filed a Complaint for Divorce (irretrievable breakdown) on September 24, 2020. Three months after the...
Fish v. Fish, 24-P-711, Memorandum and Order pursuant to Rule 23.0.
The Massachusetts’s Appeals court reversed the lower Court’s dismissal of a Complaint for Modification of alimony filed by the Wife against the Husband…
Matthew John Lee v. Mary Beth Lee; 24-P-42, Mass App. Ct. 2025, (pursuant to M.A.C. Rule 23.0).
This case, while not citing new law, succinctly summarizes the law regarding domicile and residency requirements in order to file a Complaint for Divorce in Massachusetts. The Appeals Court dismissed the Husband’s Complaint for Divorce for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction and Forum Non Conveniens. By way of...
Ayca Celikkol Gazelle v. Guy Scott Gazelle, Massachusetts Appeals Court, (2023) No. 22-P-829.
Summarized by Jessica Landry, Esq. How do foreign assets and exchange rates impact Alimony and Property Division in a Massachusetts Divorce? The Massachusetts Appellate Court recently affirmed a trial judge's decision concerning a couple's Turkish assets in an alimony award. The Wife challenged the currency exchange rates used by the trial judge...
Cavanagh v. Cavanagh, SJC 13222, (MA SJC August 8, 2022)
A case in which the Massachusetts Supreme Judicial Court ruled that alimony and child support can be awarded concurrently. In 2016 the Parties filed for divorce after 21 years. The Mother had briefly worked at the beginning of the marriage; but spent the majority of the time being a stay-at-home mother for the Parties’ three children, only one of...
DB. v. J.B., 97 Mass App. Ct. 170 (2020): Duration of Temporary Alimony and the Feedom to Contract
Should temporary alimony paid to a spouse “in need” during the divorce process count towards the total number of months in which a payor must pay support? What does the term “in need” mean? These are some of the issues which are addressed in D.B. v. J.B., a Massachusetts Appeals Court case, decided in April 2020. In D.B ., the husband worked at...
Calvin C. v Amelia A.
A recent decision involving alimony and child support. Calvin is a case about alimony and child support. G.L. c. 208 Sec 53(c) provides that, "when issuing an order for alimony, the Court shall exclude from its income calculation... Gross income which the Court has already considered for setting a child support order." Section 53(c) was met to...
George Clemence v. Kristine Sklenark, 90 Mass.App.Ct.646 (2020)
A key decision that determines alimony waivers constitutes a "zero-dollar alimony award" and starts the clock for the Alimony Reform Act's durational limits. After thirteen years of marriage, George Clemence and Kristine Sklenark decided to part ways and divorced in January 2017. The judgment of divorce incorporated the terms of the parties’...
Dolan v. Dolan
During the parties’ twenty-seven-year marriage, Lisa Dolan managed the household, cared for their two children, and earned a modest wage working part-time. Conversely, her spouse, Shaun Dolan, was the primary wage earner and a co-owner of a company where he earned $481,233 annually. Due to the significant difference in the parties’ wages, the...
Care and Protection of Rashida, 489 Mass. 128 (2022)
What constitutes “reasonable efforts” when DCF is involved in your case? A case involving new rules for DCF as to what constitutes “reasonable efforts” when DCF is involved in your case. Rashida is the second iteration of a child protection case in which the Court clarifies that "under G. L. c. 119, § 29C, a Juvenile Court judge conducts a...
Feinstein v. Feinstein
How to talk about College With Your Ex After Divorce? For some parties, one of the most difficult challenges after a divorce is developing or continuing open and inclusive communication about the kids. Without regular and open communication, either party may find themselves left out of the loop regarding important educational, medical, and...
Wendt v. Wendt, M.A.C. Rule 23.0 case, 22-P-1158 (2024)
Following a four-day divorce trial in March 2022, the father, William George Wendt, contested the Judge's custody determination, asserting that it was a clear abuse of discretion. The mother filed a Complaint for Divorce on February 6, 2020, on the grounds of an irretrievable breakdown of the marriage. The parties had two children, born in 2015...
J.D.M. VS. J.A.M., 22-P-499; Memorandum and Order Pursuant to 23.0, case may be cited for its persuasive value, but not as binding precedent.
Evidentiary hearings in contempt matters. In this case, the appeals court remanded a case to the Probate & Family Court concerning a finding of contempt. In this matter, the plaintiff ex-husband filed a Complaint for Contempt alleging that the defendant ex-wife had prevented him from having parenting time with his children; was trying to...
Jane E. Cunningham v. Jerry E. Thomas, Massachusetts Appeals Court, (2023) No. 21-P-956
The requirement of the Court following its own Pre-Trial and other Probate Court Procedural Orders. A new case in which the Massachusetts Appeals Court ruled that allowing a new issue to be raised at the time of trial and denying recourse to the parties was an abuse of judge’s discretion. The Parties were formally divorced in January of 2017; in...
“Coercive Control” Massachusetts under Section 1 of c. 209A
What Is Coercive Control? In September 2024, the so-called “Coercive Control” law went into effect. The law follows the lead of six other states that classify coercive control as domestic violence. According to the MA law, “Coercive Control is defined as: a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce or...
Do Grandparents Have the Right to See Their Grandchildren?
Grandparents do not have an automatic legal right to visitation, but in certain situations, they can ask a court to grant visitation if denying contact would cause significant harm to the child. In Massachusetts, this requires proving more than a loving relationship; the law presumes that parents have the constitutional right to decide who their...
T.D v. J.O. (SJC–12674)
How does the Court evaluate the role of domestic violence in custody disputes? The Supreme Judicial Court (“SJC”) of Massachusetts recently heard arguments in a case called T.D. v. J.O. (SJC–12674) argued September 9, 2019, still under advisement. The issue of the case is whether or not the court can consider prior acts of domestic violence in...
Savoy v. Savoy, 97 Mass App. Ct. July 8, 2020
By Nicole Barrett What date should be used to determine the date of the marriage termination? Can trust income be included in the marital estate for purposes of division? In Savoy v. Savoy, the Husband appealed the trial court decision for two determinations: (1) To determine the date to be used as the date of the marriage termination and (2) to...
“Adoption of Zebediah”: A Rule 1:28 decision regarding termination of parental rights and post-adoption visitation.
A previously incarcerated father recently fought to reestablish his parental rights with his son or receive an order for post-adoption visitation, but the matter was ultimately affirmed by the Massachusetts Appeals Court, and the father received neither. Courts are permitted to terminate parental rights only if they find by clear and convincing...
Lyman v. Lanser, MA App. Ct (23-P-73) 2024
Summarized by Hannah Flaherty, Law Clerk In Massachusetts, pets have always been treated as property. Now, in Lyman v. Lanser, the Court is acknowledging specific carve-outs for when pets may continue to be shared between co-owners. The Plaintiff in Lyman filed a motion for a preliminary injunction against his former romantic partner for specific...
American Family Life Assur. Co. of Columbus v. Parker, 488 Mass. 801 (2022)
A case in which the Massachusetts Supreme Judicial Court held that an ex-wife could not be the beneficiary under her deceased ex-husband’s life insurance policy. In American Family Life Assur. Co. of Columbus v. Parker, the Husband purchased a life insurance policy naming his then wife as the primary beneficiary and his mother as the sole...