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Wellesley Family Law Blog

Relocating: Your child and your rights as a parent

When you are divorced, you sometimes come across difficult situations that other families may not face. For instance, if you're given the opportunity to take a good job in another state but have a child in your custody, will you be able to move away from your son or daughter's father or mother? Is it fair to your ex or child to do so?

Child relocations are some of the most difficult and contentious issues family law courts see. A non-custodial parent could see it as an effort to block them from seeing his or her children, while the custodial parent may simply want to move forward with his or her life separate from his or her ex-spouse.

Domestic partnerships versus marriages in Massachusetts

When you're considering your future with your partner in Massachusetts, you have a number of options. Both heterosexual and homosexual couples are able to obtain licenses to marry in Massachusetts, but some couples may want to opt for a domestic partnership or civil union instead. What's the difference?

A domestic partnership is similar to marriage; it applies to unmarried couples who live together, and it doesn't only apply to same-sex couples. It's true that many of the registered domestic partnerships have been between same-sex couples, especially in states where same-sex marriage is not yet legal. Interestingly, some states only allow this arrangement for homosexual couples or heterosexual couples only if one of the pair is over the age of 62, while in other states anyone may apply.

Is an annulment easier than a divorce in Massachusetts?

An annulment is a different way to separate from a partner in Massachusetts. It is similar to a divorce. It is a court order that dissolves a marriage, but it has the legal effect of making it so a marriage never even existed. That means that both people will go on acting like the marriage never happened instead of going through long, drawn out proceedings.

To get an annulment, you have to show that one of the following reasons took place. For instance, if you had a major misunderstanding with a spouse, the marriage can be annulled. This includes things like thinking your spouse wanted children when he actually didn't. The inability or refusal to consummate a marriage is also a reason to get an annulment. That means that if the spouses refuse to have sexual intercourse, the marriage is able to be dissolved.

Paul George faces trial over father's rights and paternity

Paternity is a difficult issue for some people. Taking the test may seem invasive, especially to those who weren't expecting to be accused of being the father of a child after a one-night stand or short relationship. Taking the DNA test is simple, and if you believe your child's father is who you think it is, then he should have no problem taking the test and accepting responsibility.

In Massachusetts, you may have heard about Paul George, an Indiana Pacers All-Star, who has been struggling through a paternity suit since May. He had previously been accused of not wanting to take part in his now 5-month-old daughter's life, but as a settlement is close to being reached in the case, he has been able to meet the child for the first time. He had previously been named as the father of the child through a private paternity test.

Alimony In Massachusetts: Payments and Your Needs

What is spousal support like in Massachusetts? Massachusetts has alimony, which is simply the money one spouse pays to the other to help support them after a divorce. The amount of money can be decided by the couple or by the court, depending on the situation.

The amount of alimony a person receives is determined by looking at the age, physical condition, financial condition, and emotional state of the spouses. From there, the length of time the alimony will be awarded is determined. In some states, it's only as long as needed for the other person to get back on their feet financially; in Massachusetts, it can be as long as life.

Who gets an engagement ring in a broken engagement?

Here's an interesting fact that you might not have known. When an engagement is broken, deciding who keeps an engagement ring can become a legal battle. The way the ring is distributed depends on how the court looks at the case. To view the ring as a gift, the giver must have intended it to be a gift, must have given the ring to the other party as a gift and the receiver must have accepted the gift. In most cases, even though the engagement doesn't proceed, the ring stays with the receiver since it was a gift.

The problem may come with some courts when they determine that the ring is a conditional gift. A conditional gift is based on the idea that the gift is only meant to be given if certain terms are met. If the agreed on action -- in this case, a wedding -- doesn't happen, the court could rule that the ring was conditional and give it back to the giver.

Defining your right to child support in Massachusetts

As a parent of a child in Massachusetts, you typically have some rights to child support from the other parent. You do need to be entitled to those payments, though. If you can answer these questions with "yes," then you likely are eligible to receive child support.

First, are you the custodial parent of your child? If you have primary custody of your little one, then you're likely able to receive child support. If you're responsible for day-to-day care or have been designated as the custodial parent by the courts, then this likely means you should be receiving support.

Your rights and family law in Massachusetts

As a family in Massachusetts that may struggle with some legal issues, it's important to know that you always have someone on your side. Whether you're facing a divorce or problem with paternity in Massachusetts, you deserve the support and information necessary to make the right decisions. There are many kinds of situations where you may need to consider seeking legal help.

For instance, if you're a same-sex couple and want to get a same-sex divorce, are you able to do so legally? Do you have the same protections as a traditional couple would in your particular case? What will happen to your children after a divorce or separation? You have questions and with so much going on in your life, the last thing you should have to do is wade through thousands of pages of legal jargon to find your answers.

Kris Jenner files for divorce from celebrity husband

If you enjoy reading about celebrity news, then you may have heard about Kris Jenner filing for divorce from her husband, Bruce Jenner. The September 22 news release has reported that the woman filed for divorce after being married to Bruce Jenner for 23 years.

The two, who have two children together, Kylie and Kendall Jenner, are known for various things, but recently, they've been appearing together on Keeping Up with the Kardashians. It's also been reported that they have taken family vacations together, but that has not stopped them from going their separate ways.

Your paternity rights: The right to your child in Massachusetts

Paternity is an important factor in raising a child. To the courts, it makes the difference between visitation and custody rights along with the child support payments you'd need to make. Establishing paternity is vital, because without it, you have few rights as a parent.

Paternity has to be established if you weren't married at the time of your child's birth. You may also choose to seek a paternity test if you were and are unsure that the child is yours. You can establish your paternity in one of two ways. Either seek a court order or sign a voluntary acknowledgement of being the child's father.

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