Tag Archives: Divorce

The Volunteer Attorney Representing Children (ARC) in Massachusetts:

By Amanda Driscoll, Law Clerk*

NOTE:  This article is for informational purposes only.  To request an ARC attorney, interested individuals will need to contact the court in the county where their case is located.  

Some of the most significant issues in Massachusetts Family and Probate Courts are those involving unemancipated children.  The court has jurisdiction over those children pursuant to Massachusetts General Laws, Chapter 208, Sections 19, 28, 28A, 29, 30, 31 and 31A.  In 2013, a program called Attorneys Representing Children (ARC) started in Massachusetts which an attorney voluntarily represents the child’s interest in a divorce case or other probate matter.

In determining the outcome of these cases, the court must consider what is in the best interest of the child.  Accordingly, a child’s preference is one piece that may be helpful to the court for this determination.  There is a wide variety of other resources available to the court in identifying the child’s desires and interests.

Continue reading The Volunteer Attorney Representing Children (ARC) in Massachusetts:

Nesting: The Modern Era Convenience for Divorce

By Amanda Driscoll, Law Clerk*

What is Nesting?

When it comes to divorce, nesting is a new trend that is on the rise nationwide. Nesting is the process by which the mother and father take turns being available in the home, while the children remain within the “nest,” or family home, consistently throughout the process. For instance, the father may have certain days or time intervals each day, while the mother occupies the other time interval, like a shift change in a sense. Nesting allows divorced parents to give children stability and reduce financial burden by providing themselves with the proper amount of time to wait before selling the family home or investments.

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Litigation Involving a Divorce Case by Debra L. Smith

Should you Pursue Litigation First?

This Article discusses Litigation in a Divorce Case in Massachusetts. It is not meant to provide legal advice, but is for informational purposes only.

After realizing that a marriage is over, one’s first reaction may be to rush over to the court house to file a divorce action to get a divorce quickly.  Is it realistic in a divorce case to get an immediate divorce in Massachusetts, where all issues are not already resolved completely and a Separation Agreement is not signed in front of a Notary Public? Continue reading Litigation Involving a Divorce Case by Debra L. Smith