Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Divorce Law Practice Manual. This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the 2023 edition include

  • amended procedures in the Probate and Family Court regarding virtual hearings and registries and interdivisional and interdepartmental case transfers;

  • discussions throughout the book of the Supreme Judicial Court's decision in Cavanagh v. Cavanagh , 490 Mass. 398 (2022), which addressed the calculation of alimony and child support and continues to be reviewed and implemented by the Massachusetts courts;

  • important amendments to the Massachusetts Child Support Guidelines effective October 2021, including, for example, a specification of three options for parenting time ("shared," two-thirds, and "split"), adjustment of the benchmark child-care cost amount based on the number of children, elimination of the previous 15 percent cap on the health-care credit, and adjustments to the treatment of overtime and income from a secondary job;

  • caselaw addressing when to increase the duration of alimony to reflect a premarital period of cohabitation;

  • newly added guidance on the selection of guardians ad litem (GALs), discussing the importance of designating an alternate GAL, the distinction between Category E and Category F GALs, securing a GAL during periods when they are in short supply, and use of a special GAL to waive or assert the psychotherapeutic privilege of a minor child;

  • the preparation of financial statements and cross-examination on any discrepancies;

  • recent Appeals Court cases on the calculation of alimony;

  • guidance on e-filing procedures in the Probate and Family Court and variations in procedures among counties;

  • recent cases on improper coaching of witnesses during depositions;

  • an amendment to the Massachusetts General Laws bringing the state's taxation of payors and recipients of alimony in line with federal practice under the Tax Cuts and Jobs Act;

  • inflation adjustments to selected dollar amounts in the Bankruptcy Code;

  • a Supreme Judicial Court decision on the allocation of postseparation debt;

  • the suspension of Standing Order 2-16, which required attendance at an approved parenting education course;

  • an Appeals Court decision addressing circumstances where a noncustodial parent living out of state seeks custody of a child and permission to remove the child from Massachusetts; and

  • Appeals Court decisions on the enforceability and interpretation of premarital agreements.

  The book's ethics commentary has been updated throughout to reflect recent changes in the Massachusetts Rules of Professional Conduct and other developments in the area of professional responsibility.

  WWe trust you will find this updated version of the Massachusetts Divorce Law Practice Manual an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chatper 1 expand

Obtaining Pretrial Security in Civil Cases

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Jeana McCormick, Drummond Woodsum
Julia G. Pitney, Esq., Drummond Woodsum

Chatper 2 expand

Drafting Pleadings and Motions in Civil Cases

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Elizabeth A. Germani, Esq., Drummond Woodsum
James P. Spizuoco, Esq., Drummond Woodsum

Exhibit 2A

- Sample Complaint (Motor Vehicle Accident) Buy Form

Exhibit 2B

- Sample Complaint (Personal Injury) Buy Form

Exhibit 2C

- Sample Motion to Dismiss for Lack of Personal Jurisdiction Buy Form

Exhibit 2D

- Sample Answer to Complaint Buy Form

Chatper 3 expand

Civil Discovery

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Hon. Thomas McKeon, Maine Superior Court

Chatper 4 expand

Alternative Dispute Resolution

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Devon G. Coughlan, Esq., Conflict Solutions
Patrick C. Coughlan, Esq., Conflict Solutions

Exhibit 4A

- M.R. Civ. P. 16B Alternative Dispute Resolution Buy Form

Exhibit 4B

- Sample Mediation Agreement Buy Form

Exhibit 4C

- Electronic Mediation Protocols and Confidentiality Buy Form

Exhibit 4D

- Settlement Term Sheet Buy Form

Chatper 5 expand

Civil Motion Practice - Procedural Motions

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Timothy J. Bryant, Esq., Preti Flaherty Beliveau & Pachios LLP
Benjamin S. Piper, Esq.,

Exhibit 5A

- Motion for More Definite Statement Buy Form

Exhibit 5B

- Motion to Strike Buy Form

Exhibit 5C

- Motion to Consolidate Buy Form

Exhibit 5D

- Motion to Bifurcate Buy Form

Exhibit 5E

- Motion to Sever Buy Form

Exhibit 5F

- Motion for Protective Order Buy Form

Exhibit 5G

- Motion to Exclude Opinion Testimony Buy Form

Exhibit 5H

- Application for Approval of Minor Settlement Buy Form

Exhibit 5I

- Joint Motion to Impound Pleadings Buy Form

Exhibit 5J

- Motion to Withdraw as Counsel Buy Form

Exhibit 5K

- Notice of Removal Buy Form

Chatper 6 expand

Civil Motion Practice - Disputive Motions

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Alicia F. Curtis, Esq.,

Chatper 7 expand

Special Claims - Minor Settlements

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Joseph L. Cahoon, Jr., Esq., Richardson, Whitman, Large, & Badger
Carol I. Eisenberg, Esq., Richardson, Whitman, Large & Badger

Chatper 8 expand

Special Claims - Injunctive Relief

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Meredith C. Eilers, Esq., Olafsen & Eliers
Paul McDonald, Esq., Bernstein, Shur, Sawyer & Nelson, PA
Daniel J. Murphy, Esq., Bernstein, Shur, Sawyer & Nelson, PA

Chatper 9 expand

Administrative Appeals to Superior Court

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Nancy Macirowski, Esq., Office of Maine Attorney General

Exhibit 9A

- Rule 80C Petition Buy Form

Chatper 10 expand

Posttrial Motions in Civil Cases

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Hon. Thomas D. Warren, Maine Superior Court

Chatper 11 expand

Civil Appeals

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Nolan L. Reichl, Esq., Pierce Atwood LLP

Chatper 12 expand

Business and Consumer Court

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Kimberly L. Patwardhan, Esq., Office of Maine Attorney General

Exhibit 12A

- BCD Application Form Buy Form

Exhibit 12B

- Judicial Recommendation for Transfer to BCD Docket Form Buy Form

Exhibit 12C

- BCD Form Confidentiality Order Buy Form

Chatper 13 expand

The Maine Rules of Unified Criminal Procedure: An Evolution from a New Model of Processing Criminal Cases and Civil Violations

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Hon. Joyce A. Wheeler,

Chatper 14 expand

Charging Instruments

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Julia A. Sheridan, Esq.,

Exhibit 14A

- Sample Uniform Summons and Complaint Buy Form

Exhibit 14B

- Sample Bail Bond Buy Form

Exhibit 14C

- Sample Violation Summons and Complaint Buy Form

Exhibit 14D

- Sample Waiver of Indictment (M.R. Crim. P. 7(b)) Buy Form

Exhibit 14E

- Sample Complaint Buy Form

Exhibit 14F

- Sample Indictment Buy Form

Exhibit 14G

- Sample Notice of Joinder Buy Form

Exhibit 14H

- Sample Superseding Indictment Buy Form

Exhibit 14I

- Sample Information Buy Form

Chatper 15 expand

Motions to Suppress Evidence

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Rory McNamara, Esq., Drake Law
Tina Heather Nadeau, Esq., The Law Office of Tina Heather Nadeau

Exhibit 15A

- Sample Post-Hearing Memorandum in Support of Defendant’s Motion to Suppress Buy Form

Exhibit 15B

- Sample Motion to Suppress Evidence Buy Form

Chatper 16 expand

Discovery in Criminal Cases

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Hon. William R. Stokes, Maine Superior Court

Exhibit 16A

- Order to Produce Department of Health and Human Services Records Buy Form

Chatper 17 expand

Posttrial Motions in Criminal Cases

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Hon. Thomas D. Warren, Maine Superior Court

Chatper 18 expand

Criminal Appeals

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Donald W. Macomber, Esq., Office of Maine Attorney General

Exhibit 18A

- Notice of Appeal Form Buy Form

Exhibit 18B

- Transcript Order Form and Motion for Transcript at State Expense Buy Form

Exhibit 18C

- Application for Leave to Appeal Sentence Buy Form

Chatper 19 expand

Trial Advocacy

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Travis M. Brennan, Esq., Berman & Simmons
Daniel G. Kagan, Esq., Berman & Simmons, PA

Exhibit 19A

- Standard Scheduling Order Buy Form

Chatper 20 expand

Trial Preparation

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Martha C. Gaythwaite, Esq., Verrill Dana LLP
John W. Tebbetts, Esq., Tebbets Law Office LLC

Exhibit 20A

- Scheduling Order Buy Form

Exhibit 20B

- Pretrial Order Buy Form

Exhibit 20C

- Request for Protection on Trial List Buy Form

Exhibit 20D

- Witness Subpoena and Rule 45 Buy Form

Exhibit 20E

- Available Courtroom Technology by County Buy Form

Chapter 21 expand

Jury Trials

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Terrence D. Garmey, Esq., Garmey Law
Gary Goldberg, Esq., Garmey Law
Katherine A. Kerkam, Esq.,
Peter Richard, Esq., Garmey Law

Chapter 22 expand

Jury Instructions and the Charge Conference

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Susan A. Faunce, Esq., Berman & Simmons
Sarah K. Hall, Esq., Berman & Simmons

Exhbiit 22A

- Sample Verdict Form (Personal Injury) Buy Form

Exhibit 22B

- Sample Verdict Form (Medical Malpractice) Buy Form

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