Massachusetts Divorce, Family Law, and Estate Planning
We are primarily focused on Divorce, Family Law, and Estate Planning. As such, we are dedicated to being accessible and responsive to meeting each client's unique needs while adhering to the highest standards of excellence. We strive to achieve the best results possible for our clients, and it is our ultimate goal that we receive the highest possible recommendation from you.
The Law Office of Richard B. Kell handles virtually all matters affecting the family. So whether you are contemplating divorce or are in need of an estate plan to care for your loved ones, please call or email us today for a free consultation. We look forward to working with you!
Recent Articles
Massachusetts Alimony Reform Act of 2011
The following is a summary of the recent changes in Massachusetts Alimony Law: Alimony Amount Limits "... the amount of alimony should generally not exceed the recipient’s need or 30 percent to 35 percent of the difference between the parties gross incomes established at the time of the order being issued. Alimony Term Limits Long-term marriages (more than 20 years): Alimony will end at retirement age as defined by the Social Security Act. 20 years or less but greater than 15 … [Read More...]
Is A Prenuptial Agreement Right for You?
Although most couples believe that negotiating a prenuptial agreement is very “unromantic,” recent studies show that prenupts actually decrease the likelihood of divorce. Without getting into the specifics of your own situation, there are a few things you should know about prenupts in order to decide if one is right for you. Examine Your Situation If you or your spouse can answer yes to any of the following questions, then a prenuptial agreement could be helpful. Even if you answer no … [Read More...]
Alimony in Massachusetts
The issue of alimony tends to be the most contentious aspect of a divorce. To make matters worse, there is no statutory formula for alimony like there is for child support. And because judges have a lot of discretion in awarding alimony, attorneys often have a hard time advising clients on how much alimony, if any, would be awarded in any specific case. However, below is a general guideline intended to answer some of the most frequently asked questions that I receive on this topic. What … [Read More...]
How Massachusetts Courts Resolve Custody Disputes Between Unmarried Parents
When married parents divorce, both have equal custody rights to their children until the Famliy Court issues an order stating otherwise. However, when unmarried parents break up, their respective custody rights are not always clear. So what happens when these parents disagree over issues concerning their minor children? When unmarried parents split up, if there is no custody order in place, the father will have the burden of seeking custody through the Family Court. One obstacle that he … [Read More...]
Moving Out of Massachusetts with Your Children
Whether you are contemplating divorce or have an existing custody order, Massachusetts parents should think twice before taking their children out of the Commonwealth. Regardless of the custody arrangement, the law is clear that parents cannot simply relocate their children outside of the state without permission from the Court or the other parent. This law applies to any child who was either born in Massachusetts or has lived here for at least five years. Often times, when parents are … [Read More...]
How to Divorce a Missing Spouse Divorce in Massachusetts
If your spouse has abandoned you or has left the country, your divorce will be more difficult, but not impossible. For those who find themselves in this situation, you should first consider whether your spouse is truly “missing” or they are just being uncooperative since this can have a significant impact on how the process can go forward. In either case, you always stand the best chance of obtaining a divorce in the shortest amount of time by hiring an experienced family law attorney to … [Read More...]
How to File For an Uncontested Divorce in Massachusetts
If you and your spouse are considering an uncontested divorce, the first thing that you should do is to make sure that you are truly a candidate for this type of proceeding. As emphasized in my previous article, this means that you and your spouse are in agreement on ALL issues of the divorce. This includes the grounds for divorce, any custody or support arrangements, and any alimony and property division issues. Where Do I File? Since the divorce is uncontested, you or your spouse can … [Read More...]
Choosing a Guardian for Your Children
If you have children, you should choose a personal guardian -- someone to raise them in the unlikely event you can't. If your children are young, you've probably thought about who would raise them if for some reason you and the other parent couldn't. It's not an easy thing to consider. But you can make some simple arrangements now that will allay some of your fears, knowing that in the extremely unlikely event you can't raise your kids, they will be well cared for. All you need to do is … [Read More...]
Choosing the Right Estate Plan: A Massachusetts Guide
At least once a week, I receive a phone call from someone whose first question is “how much do you charge for a Will?” For whatever reason, most of these callers are already convinced that all they need is a simple Will and that they just need to find the cheapest attorney they can to draft it for them. While I agree that price is an important factor in choosing an attorney, it shouldn't be the primary concern when choosing an estate plan. Remember the old adage, "you get what you … [Read More...]
Marital Property Division In Massachusetts
Arguments over property division tend to be one of the more wasteful aspects of a divorce. When a couple cannot amicably decide how to divide the marital property, the matter often ends up in court for a judge to decide. What Is Considered “Marital Property”? Massachusetts has a very broad definition of marital property. It includes all of a spouse’s property, regardless of how or when they acquired it. The following is a breakdown of the different types of property that must be … [Read More...]
