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Life-Time Alimony Award In this
case, the wife’s long-term marriage ended by trial in the mid 1980’s, at which time she was awarded life-time
alimony. In 2000 and in 2002, the wife retained our services to defend her life-time alimony award because
her ex-husband had tried twice to modify her life-time alimony award. The ex-husband did not prevail, even
though he appealed. Shortly after, the ex-husband sold all of his real estate, stopped paying alimony,
and moved out of the country. Our client immediately retained us, for the third time, to chase his remaining
assets. We moved swiftly to freeze his remaining intangible assets found in the United States and started
a proceeding to garnish his social security benefits. In 2004, our client was awarded the remaining intangible
assets held in the United States and his social security benefits were garnished.
Collaborative Joint Physical Custody In
this case, although the mother initially filed a complaint for divorce that effectively triggered litigation, the father,
our client, and the mother chose to work collaboratively to share physical custody of their four-year old child.
For reasons of employment, the father resided in a Mid-Atlantic state and the mother continued to reside in Massachusetts.
The parties were successful in placing their child in a daycare center that operated in both Massachusetts and the
Mid-Atlantic state. The daycare center was receptive to implementing a shared preschool and daycare plan
tailored specifically for the child so that the parents could share physical custody. Because both the
father and mother agreed to put the best interests of the child first, legal counsel adopted a collaborative approach to settling
this case that effectively metamorphosed the litigation process into meaningful collaboration.
Sexual Abuse Claim
Breaking
new ground in Massachusetts, our client raised a sexual abuse counterclaim in defense of his wife’s Complaint for Divorce
on the basis of alleged alcoholism. The very sensitive and emotional issue of sexual abuse was flushed
out in this case in a highly professional manner that was supported at trial by evidence taken from a sexual therapist.
In Massachusetts, there was no law that afforded our client a right to invoke fault grounds for divorce on the basis
of the wife having sexually abused the husband. Nonetheless, we skillfully presented our client’s
case by raising a counterclaim for sexual abuse under the penumbra of cruel and abusive treatment, a cognizable fault ground
for divorce. The parties chose to take the case to trial, and our client ultimately prevailed on his sexual
abuse counterclaim for divorce.
Same-Sex Custody Prior
to the right to marry in May of 2004, a same-sex parent who was not a legal parent started a custody action by filing a Petition
in Equity, which our client chose to do. This meant that the custodial same-sex parent was entitled to
challenge the Petition in Equity by law, claiming that the court had no jurisdiction to hear the case because our client was
not recognized as a legal parent. In this case, the custodial same-sex parent did invoke her then-legal
rights to bar visitation and she challenged the court’s jurisdiction in a protracted one-and-a-half year evidentiary
hearing. Given the testimony of the parties’ clergyman, a child psychologist, and a favorable recommendation
from the court-appointed guardian-ad-litem at the evidentiary hearing, our client effectively established her legal rights
as a defacto parent. Shortly after, the parties entered into a Stipulation for Judgment on the Petition
in Equity that gave our client parental rights and visitation.
Domestic Violence and Abandonment In
this case, our client, a stay-at-home mother of four children filed a Complaint for Divorce on the grounds of domestic violence.
The husband refused all terms of settlement and argued to force our client to sell the marital home at trial.
Prevailing on her Complaint for Divorce, our client was allowed to stay in the home with the children and the husband
received his equitable share of the marital home to be realized at a future date. Shortly after the divorce,
the ex-husband fled the state of Massachusetts after a warrant for his arrest issued due to his girlfriend having complained
of an assault and battery. Our client retained our services, again, to commence a contempt action against
the ex-husband for the failure to pay child support. Consequently, the court effectively modified the divorce
judgment by ordering the ex-husband’s future equitable share of the marital home be given outright to our client, in
satisfaction of the past due child support.
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