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

Chapter 1 expand

Overview of the Attorney’s Role

Buy Chapter

Gail E. McTaggart, Esq., Secor, Cassidy & McPartland, PC

Checklist 1.1

- Purchase and Sale Conference Checklist for Representing the Seller Buy Form

Checklist 1.2

- Buyer’s Conference Checklist for Purchase and Sale Agreement Buy Form

Checklist 1.3

- Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist) Buy Form

Chapter 2 expand

The Contracts: The Offer to Purchase and the Purchase and Sale Agreement

Buy Chapter

Robert L. Fisher, Jr., Esq., Cramer & Anderson

Exhibit 2A

- State of Connecticut Residential Property Condition Report Buy Form

Exhibit 2B

- Affidavit Concerning Smoke and Carbon Monoxide Detectors for Use in Connecticut Real Estate Transactions Buy Form

Exhibit 2C

- Connecticut Association of REALTORS®, Inc. (CAR) Purchase and Sale Agreement Buy Form

Exhibit 2D

- Real Estate Contract of Sale Buy Form

Exhibit 2E

- List of Real Property Liens and Expiration Dates Buy Form

Exhibit 2F

- Nonforeign Person Certificate Buy Form

Exhibit 2G

- IRS Form 1099-S Buy Form

Chapter 3 expand

Financing a Residential Real Estate Transaction

Buy Chapter

John W. Dombrowski, Jr., Esq.,

Checklist 3.1

- Checklist for Closing Buy Form

Exhibit 3A

- Fannie Mae/Freddie Mac Multistate Fixed-Rate Note Buy Form

Exhibit 3B

- Fannie Mae/Freddie Mac Multistate Adjustable-Rate Note Buy Form

Exhibit 3C

- Loan Estimate Buy Form

Exhibit 3D

- Closing Disclosure Buy Form

Chapter 4 expand

Connecticut Real Estate Titles

Buy Chapter

Stephen Maggiola, Esq., Connecticut Attorneys Title Insurance Company

Chapter 5 expand

Title Insurance Basics

Buy Chapter

David S. Veleber, Esq.,

Exhibit 5A

- ALTA Loan Policy Buy Form

Exhibit 5B

- ALTA Owner’s Policy Buy Form

Exhibit 5C

- CATIC Affirmative Language Endorsement Buy Form

Exhibit 5D

- ALTA Endorsement Form 9-06 Buy Form

Exhibit 5E

- ALTA Endorsement Form 8.1 Buy Form

Exhibit 5F

- ALTA Endorsement Form 7-06 Buy Form

Exhibit 5G

- ALTA Endorsement Form 6.2 Buy Form

Exhibit 5H

- ALTA Endorsement Form 5.1-06 Buy Form

Exhibit 5I

- ALTA Endorsement Form 4.1 Buy Form

Exhibit 5J

- CATIC Construction Mortgage Endorsement Buy Form

Exhibit 5K

- CATIC Notice of Availability of Owner Title Insurance Buy Form

Exhibit 5L

- ALTA Commitment Form Buy Form

Exhibit 5M

- CATIC Owner Affidavit Buy Form

Exhibit 5N

- ALTA Homeowner’s Policy Buy Form

Exhibit 5O

- ALTA Expanded Coverage Residential Loan Policy Buy Form

Chapter 6 expand

Deeds

Buy Chapter

Thomas B. Kane, Esq., Kane Hartley & Kane, PC
Thomas P. Kane, Esq., Kane Hartley & Kane, PC

Chapter 7 expand

Common Practices to Close the Sale

Buy Chapter

Robert S. Carey, Jr., Esq.,

Exhibit 7A

- Buyer Engagement Letter (Example No. 1) Buy Form

Exhibit 7AA

- Use and Occupancy Agreement Buy Form

Exhibit 7B

- Buyer Engagement Letter (Example No. 2) Buy Form

Exhibit 7BB

- Release or Satisfaction of Mortgage Letter Buy Form

Exhibit 7C

- Buyer Engagement Letter (Example No. 3—Closing Only) Buy Form

Exhibit 7CC

- Certification for No Information Reporting Buy Form

Exhibit 7D

- Seller Engagement Letter (Example No. 1) Buy Form

Exhibit 7E

- Seller Engagement Letter (Example No. 2) Buy Form

Exhibit 7F

- Refinance Engagement Letter (Example No. 1) Buy Form

Exhibit 7G

- Refinance Engagement Letter (Example No. 2) Buy Form

Exhibit 7H

- Refinance Engagement Letter (Example No. 3) Buy Form

Exhibit 7I

- Individual Waiver of Mechanic’s Lien Buy Form

Exhibit 7J

- Waiver of Mechanics’ Liens Buy Form

Exhibit 7K

- Buyer/Borrower Closing Disclosure Buy Form

Exhibit 7L

- Seller Closing Disclosure Buy Form

Exhibit 7M

- Owner Affidavit Buy Form

Exhibit 7N

- Certificate of Name Change Buy Form

Exhibit 7O

- Statutory Warranty Deed Buy Form

Exhibit 7P

- Statutory Form Quitclaim Deed Buy Form

Exhibit 7Q

- Statutory Warranty Deed (Survivorship) Buy Form

Exhibit 7R

- Statement of Real Estate Conveyance Tax Buy Form

Exhibit 7S

- OP-236 Real Estate Conveyance Tax Return Buy Form

Exhibit 7T

- Form 1099-S Buy Form

Exhibit 7U

- Undertaking and Indemnity for Payoff of Existing Mortgage Buy Form

Exhibit 7V

- Certificate of Nonforeign Status Buy Form

Exhibit 7W

- Multistate Fixed Rate Note Buy Form

Exhibit 7X

- Adjustable Rate Note Buy Form

Exhibit 7Y

- Open-End Mortgage Deed Buy Form

Exhibit 7Z

- Mortgage Deed Buy Form

Chapter 8 expand

Preforeclosure Issues

Buy Chapter

Michelle L. Bibeau, Esq.,
Michael D. O'Connell, Esq.,

Chapter 9 expand

Foreclosure Procedure from Complaint Through Sale

Buy Chapter

Michelle L. Bibeau, Esq.,
Michael D. O'Connell, Esq.,

Exhibit 9A

- Civil Summons Buy Form

Exhibit 9B

- Civil Summons Continuation of Parties Buy Form

Exhibit 9C

- Notice to Homeowner of Availability of Foreclosure Mediation Buy Form

Exhibit 9D

- Foreclosure Mediation Certificate Buy Form

Exhibit 9E

- Appearance Buy Form

Exhibit 9F

- Military Affidavit Buy Form

Exhibit 9G

- Motion for Approval of Committee Sale Buy Form

Exhibit 9H

- Foreclosure by Sale Committee Report Buy Form

Exhibit 9I

- Foreclosure by Sale Committee Deed Buy Form

Exhibit 9J

- Motion for Supplemental Judgment Buy Form

Chapter 10 expand

Title Issues in Foreclosure Practice

Buy Chapter

Ellen L. Sostman, Esq.,
Bruce A. Zawodniak, Esq., Connecticut Attorneys Title Insurance Company

Checklist 10.1

- Court Foreclosure File Checklist Buy Form

Exhibit 10A

- Satisfaction of Judgment Buy Form

Author(s)