Trying Divorce Cases in Massachusetts

Handle your next divorce case with confidence

  • Product Number: 2200165B06
  • Publication Date: 8/26/2020
  • Edition: 6th Edition 2020
  • Copyright: © 2020 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Divorce deconstructed! Here's a comprehensive treatment of the essential steps and considerations in handling your client's divorce. The straightforward approach that Trying Divorce Cases in Massachusetts takes makes it an indispensable addition to any family lawyer's practical reference library. Starting with the first steps in taking on a new client, it guides you through drafting the complaint or joint petition, drafting and arguing the early motions including temporary orders, understanding the complexities of the financial statement, digging for discovery and uncovering hidden income and assets that will change the playing field dramatically, getting your client a fair and equitable child support and alimony award. Learn to draft the parenting plan, use experts to your advantage at trial—and attend to modifications and other post-trial issues. A practice handbook in its most basic form, this book contains the combined practical wisdom of lawyers who are recognized experts in the field. You gain valuable tips on subtle areas of representing a client, such how to explain the law to a potential client so as to help manage expectations; how to critically assess a case before you sign the retainer agreement; critical document discovery you should have your client perform; tips on reaching a successful and lasting stipulation out of court—and much more.

    Recent updates:

    • Update: August 2020

      Dear Subscriber:

      Thank you for choosing to keep your divorce law library current with this 2020 edition of Trying Divorce Cases in Massachusetts. Inside, you will find new material on a host of subjects, including the following:

      • Mediating divorce disputes. See Chapter 2 for a new discussion of cooperative negotiation agreements, "blind" case evaluation, divorce coaching, and arbitration as alternatives when litigation is to be avoided.
      • Pretrial hearings. See Chapter 9 for several new practice notes on judicial preferences and best practices surrounding pretrial hearings.
      • Child custody; The left-behind parent. See Chapter 11 for practical suggestions on how to handle complex child custody issues involving one parent's removal of a child outside the United States.
        • Chapter 11 also provides some tips on docketing on the Trial Court Electronic Case Access website and good practices with regard to filing motions to continue.
      • Cryptocurrency; Discovery. Chapter 8 provides some practical guidance on how to discover forms of cryptocurrency, such as Bitcoin. An exhibit offers a recent article on the subject.

      We at MCLE trust that you will find this new edition useful in your divorce practice and valuable in your reference library of practical resources.


      Maryanne G. Jensen, Esq., MCLE Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    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

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    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

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    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

    Exhibit 3H

    - Standing Order 2-16—Parent Education Program Attendance Buy Form

    Exhibit 3I

    - Affidavit Confirming Registration at Parent Education Program Buy Form

    Exhibit 3J

    - Motion to Waive Attendance at Parent Education Program Buy Form

    Exhibit 3K

    - Motion to Permit Completion of Parent Education Program via DVD Buy Form
    Chapter 4 expand

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

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    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

    Exhibit 4K

    - Request for Trial–Pretrial Assignment Buy Form
    Chapter 5 expand

    Motion Practice for Temporary Orders

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    Exhibit 5A

    - Stipulation for Temporary Orders Buy Form

    Exhibit 5B

    - Joint Motion for Temporary Order Incorporating Stipulation of Parties Dated January 4, 2007 Buy Form

    Exhibit 5C

    - [Proposed] Order Incorporating Stipulation of Parties Dated December 11, 2006 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

    - Certificate of Service/Notice of Marking Buy Form

    Exhibit 5J

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

    Exhibit 5K

    - Motion for Temporary Order on Alimony Buy Form

    Exhibit 5L

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

    Exhibit 5M

    - Motion for Short Order of Notice Buy Form

    Exhibit 5N

    - Ex Parte Motion to Vacate Marital Home Buy Form

    Exhibit 5O

    - Ex Parte Motion for Domestic Relations Restraining Order Buy Form

    Exhibit 5P

    - Ex Parte Motion for Attachment Buy Form

    Exhibit 5Q

    - Ex Parte Motion to Inspect Computers and Computer Hard Drives Buy Form
    Chapter 6 expand

    Preparing the Financial Statement: The Trap and the Tool

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    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

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    Exhibit 7A

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

    Exhibit 7B

    - Addendum Request for Production of Documents: Facebook Buy Form

    Exhibit 7C

    - Addendum Request for Production of Documents: LinkedIn Buy Form

    Exhibit 7D

    - Addendum 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

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    Exhibit 8A

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

    Exhibit 9A

    - Probate and Family Court Scheduling Practices and Procedures Buy Form
    Chapter 9 expand

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

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    Chapter 10 expand

    Child Support and Alimony

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    Exhibit 10A

    - Massachusetts Child Support Guidelines 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

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    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

    - Meeting with the Custody Advisor Buy Form

    Exhibit 11D

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

    Exhibit 11E

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

    Exhibit 11F

    - Petition for Grandparent(s) Visitation Buy Form

    Exhibit 11G

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

    Exhibit 11H

    - Child Centered Residential Guidelines Buy Form
    Chapter 12 expand

    Marital Separation Agreements

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    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

    - Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents Buy Form
    Chapter 15 expand

    After the Trial

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    Exhibit 15A

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

    Exhibit 15B

    - Complaint for Modification of Alimony Buy Form

    Exhibit 15C

    - Standing Orders of the Appeals Court Buy Form

    Exhibit 15D

    - Sample Notice of Appeal Buy Form

    Exhibit 15E

    - Civil Appeal Docketing Statement Buy Form

    Exhibit 15F

    - Checklist for Preparation of Electronic Brief and Appendix Buy Form

    Exhibit 15G

    - Civil Appeal Entry Form Buy Form

    Exhibit 15H

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

    Exhibit 15I

    - Consent to Electronic Notification Form Buy Form

    Exhibit 15J

    - Certificate of Compliance Buy Form
  • Editors & Authors