Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Divorce Law Practice Manual. This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the 2023 edition include

  • amended procedures in the Probate and Family Court regarding virtual hearings and registries and interdivisional and interdepartmental case transfers;

  • discussions throughout the book of the Supreme Judicial Court's decision in Cavanagh v. Cavanagh , 490 Mass. 398 (2022), which addressed the calculation of alimony and child support and continues to be reviewed and implemented by the Massachusetts courts;

  • important amendments to the Massachusetts Child Support Guidelines effective October 2021, including, for example, a specification of three options for parenting time ("shared," two-thirds, and "split"), adjustment of the benchmark child-care cost amount based on the number of children, elimination of the previous 15 percent cap on the health-care credit, and adjustments to the treatment of overtime and income from a secondary job;

  • caselaw addressing when to increase the duration of alimony to reflect a premarital period of cohabitation;

  • newly added guidance on the selection of guardians ad litem (GALs), discussing the importance of designating an alternate GAL, the distinction between Category E and Category F GALs, securing a GAL during periods when they are in short supply, and use of a special GAL to waive or assert the psychotherapeutic privilege of a minor child;

  • the preparation of financial statements and cross-examination on any discrepancies;

  • recent Appeals Court cases on the calculation of alimony;

  • guidance on e-filing procedures in the Probate and Family Court and variations in procedures among counties;

  • recent cases on improper coaching of witnesses during depositions;

  • an amendment to the Massachusetts General Laws bringing the state's taxation of payors and recipients of alimony in line with federal practice under the Tax Cuts and Jobs Act;

  • inflation adjustments to selected dollar amounts in the Bankruptcy Code;

  • a Supreme Judicial Court decision on the allocation of postseparation debt;

  • the suspension of Standing Order 2-16, which required attendance at an approved parenting education course;

  • an Appeals Court decision addressing circumstances where a noncustodial parent living out of state seeks custody of a child and permission to remove the child from Massachusetts; and

  • Appeals Court decisions on the enforceability and interpretation of premarital agreements.

  The book's ethics commentary has been updated throughout to reflect recent changes in the Massachusetts Rules of Professional Conduct and other developments in the area of professional responsibility.

  WWe trust you will find this updated version of the Massachusetts Divorce Law Practice Manual an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Client Intake

Buy Chapter

Checklist 1.1

- Issues for Discussion in Divorce Proceedings Buy Form

Exhibit 1A

- Sample Client Data Intake Form Buy Form

Exhibit 1B

- Sample Retainer Agreement Buy Form

Exhibit 1C

- Shared Parenting Buy Form

Exhibit 1D

- Notice of Limited Appearance Buy Form

Exhibit 1E

- Notice of Withdrawal of Limited Appearance Buy Form

Chapter 2 expand

Assessing the Case

Buy Chapter

Exhibit 2A

- Safety Planning for Lawyers Buy Form

Exhibit 2B

- Guide to Court-connected Alternative Dispute Resolution Services Buy Form

Exhibit 2C

- Limited Issues Settlement Conference Buy Form

Exhibit 2D

- Voluntary Request for Settlement Conference Buy Form

Exhibit 2E

- Settlement Conference Memorandum Buy Form

Exhibit 2F

- Joint Agreement to Participate in the Early Case Settlement Process Buy Form

Exhibit 2G

- Notice to Opt-Out of the Early Case Settlement Process Buy Form

Exhibit 2H

- Standing Order 2-17 Buy Form

Exhibit 2I

- Uniform Counsel Certification Form Buy Form

Chapter 3 expand

Goodbye Prospect, Hello Client: Initial Homework and the Next Steps

Buy Chapter

Exhibit 3A

- Rule 410: Mandatory Self Disclosure Buy Form

Exhibit 3B

- Supp. Prob. Ct. R. 401 Buy Form

Exhibit 3C

- Short Form Financial Statement Buy Form

Exhibit 3D

- Long Form Financial Statement Buy Form

Exhibit 3E

- Schedule A—For Self-Employed Clients Buy Form

Exhibit 3F

- Schedule B—For Received Rental Income Buy Form

Exhibit 3G

- 201 C.M.R. § 17.00, Standards for the Protection of Personal Information of Residents of the Commonwealth Buy Form

Chapter 4 expand

Drafting and Answering the Complaint for Divorce or Filing a Joint Petition for Divorce

Buy Chapter

Exhibit 4A

- Complaint for Divorce Buy Form

Exhibit 4B

- Complaint for Divorce Pursuant to G.L. c. 208, § 1B Buy Form

Exhibit 4C

- Affidavit Disclosing Care and Custody Proceedings Buy Form

Exhibit 4D

- Uniform Counsel Certification Form Buy Form

Exhibit 4E

- Statistical Form R-408, Certificate of Absolute Divorce Buy Form

Exhibit 4F

- Standing Order 1-06 Buy Form

Exhibit 4G

- Status Inquiry Form Buy Form

Exhibit 4H

- Joint Petition for Divorce Buy Form

Exhibit 4I

- Joint Affidavit of Irretrievable Breakdown Buy Form

Exhibit 4J

- Sample Separation Agreement Buy Form

Chapter 5 expand

Motion Practice for Temporary Orders

Buy Chapter

Exhibit 5A

- Stipulation for Temporary Orders Buy Form

Exhibit 5B

- Joint Motion for Temporary Order Incorporating Stipulation of Parties Buy Form

Exhibit 5C

- [Proposed] Order Incorporating Stipulation of Parties Buy Form

Exhibit 5D

- [Omnibus] Motion for Temporary Order Buy Form

Exhibit 5E

- Affidavit in Support of Motion for Temporary Order Buy Form

Exhibit 5F

- Witness Subpoena Buy Form

Exhibit 5G

- Party Subpoena Buy Form

Exhibit 5H

- [Proposed] Order on Motion for Temporary Order Buy Form

Exhibit 5I

- In re: COVID-19 (Coronavirus) Pandemic: Updated Order Authorizing Use of Electronic Signatures by Attorneys and Self-Represented Parties Buy Form

Exhibit 5J

- Probate and Family Court Standing Order 1-21: Court Operations Buy Form

Exhibit 5K

- Standing Order 4-20: Order Concerning Email Service in Cases Under Rule 5(b) of the Massachusetts Rules of Domestic Relations Procedure Buy Form

Exhibit 5L

- Certificate of Service/Notice of Marking Buy Form

Exhibit 5M

- Designing a Plan in the Best Interest of Your Child: Information You Should Consider Buy Form

Exhibit 5N

- Motion for Temporary Order of Alimony Buy Form

Exhibit 5O

- Motion for Counsel Fees Pendente Lite, Affidavit of Attorney, and Certificate of Attorney Buy Form

Exhibit 5P

- Motion for Short Order of Notice Buy Form

Exhibit 5Q

- Ex Parte Motion to Vacate Marital Home Buy Form

Exhibit 5R

- Ex Parte Motion for Domestic Relations Restraining Order Buy Form

Exhibit 5S

- Ex Parte Motion for Attachment Buy Form

Exhibit 5T

- Ex Parte Motion to Inspect Computers and Computer Hard Drives Buy Form

Chapter 6 expand

Preparing the Financial Statement: The Trap and the Tool

Buy Chapter

Exhibit 6A

- Request for Financial Statement Buy Form

Exhibit 6B

- Instructions for Completing Prior Version Short Form Financial Statement Buy Form

Exhibit 6C

- Motion to Compel Filing of Financial Statement and for Sanctions Buy Form

Chapter 7 expand

Doing Your Digging: Discovery in Divorce Actions

Buy Chapter

Exhibit 7A

- What Every Divorce Lawyer Needs to Know About Cryptocurrency Buy Form

Exhibit 7B

- Addendum to Request for Production of Documents: Facebook Buy Form

Exhibit 7C

- Addendum to Request for Production of Documents: LinkedIn Buy Form

Exhibit 7D

- Addendum to Request for Production of Documents: Cryptocurrency Buy Form

Exhibit 7E

- Probate and Family Court Scheduling Practice and Procedures Buy Form

Chapter 8 expand

Uncovering Hidden Assets and Income

Buy Chapter

Exhibit 8A

- Client Questionnaire and Memo for Division of Property and Support Buy Form

Chapter 9 expand

Getting to Court Before the Trial: Case Management, Status Conferences, and Pretrial Hearings

Buy Chapter

Exhibit 9A

- Probate and Family Court Scheduling Practices and Procedures Buy Form

Exhibit 9B

- Probate and Family Court Standing Order 4-20 Buy Form

Exhibit 9C

- Probate and Family Court Standing Order 1-21 Buy Form

Chapter 10 expand

Child Support and Alimony

Buy Chapter

Exhibit 10A

- Massachusetts Child Support Guidelines (2021) Buy Form

Exhibit 10B

- Child Support Guidelines Worksheet Buy Form

Exhibit 10C

- Child Support Findings for Child Support and Post-Secondary Education Buy Form

Exhibit 10D

- DOR/CSE Tips for Family Lawyers Buy Form

Exhibit 10E

- Child Support Intake Form and Application for Full Child Support Services Buy Form

Exhibit 10F

- DOR/CSE Regional Offices Buy Form

Exhibit 10G

- Alimony Reform Act of 2011 Buy Form

Chapter 11 expand

Child Custody and the Parenting Plan

Buy Chapter

Exhibit 11A

- Sample Complaint for Return of Child Buy Form

Exhibit 11B

- Sample Writ of Habeas Corpus for Children in Hague Abduction Case Buy Form

Exhibit 11C

- Statement on the Suspension of Standing Order 2-16 (Parent Education) Buy Form

Exhibit 11D

- Child Centered Residential Guidelines Buy Form

Exhibit 11E

- Meeting with the Custody Advisor Buy Form

Exhibit 11F

- Standing Order 1-05; Standards for Category F Guardians ad Litem/Investigators Buy Form

Exhibit 11G

- Standing Order 1-08; Standards for Category E Guardians ad Litem/Evaluators Buy Form

Exhibit 11H

- Petition for Grandparent(s) Visitation Buy Form

Exhibit 11I

- Model Third Party (Non-Parental) Contact Statute (text) Buy Form

Chapter 12 expand

Marital Separation Agreements

Buy Chapter

Exhibit 12A

- Separation Agreement Buy Form

Chapter 13 expand

Effective Use of Experts

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Chapter 14 expand

Trying the Case

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Checklist 14.1

- Thirty Days Until Trial Checklist Buy Form

Exhibit 14A

- Civility Guidelines Buy Form

Exhibit 14B

- Supreme Judicial Court Rule 1:24: Protection of Personal Identifying Information in Publicly Accessible Court Documents Buy Form

Chapter 15 expand

After the Trial

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Exhibit 15A

- Probate and Family Court Amended Standing Order 2-99: Procedures for Submission and Disposition of Certain Posthearing Motions Buy Form

Exhibit 15B

- Changing a Judgment or Temporary Order by Agreement: Checklist of Required Forms Buy Form

Exhibit 15C

- Complaint for Modification of Alimony Buy Form

Exhibit 15D

- Consent to Electronic Notification Form Buy Form

Exhibit 15E

- Sample Notice of Appeal Buy Form

Exhibit 15F

- Civil Appeal Entry Form Buy Form

Exhibit 15G

- Civil Appeal Docketing Statement Buy Form

Exhibit 15H

- Checklist for Preparing a Brief and Record Appendix Buy Form

Exhibit 15I

- Certificate of Compliance Buy Form

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