Often, when parents are in the process of divorcing, their children need counseling. Therapy can be a valuable experience for a child, offering a safe environment for the child to voice fears, anxieties and anger, all without concern about the possibility of upsetting their parents. But what if the parents are unable to resolve a custody or other parenting issue? Can the children’s therapist testify in Court? In Massachusetts, there is a statutory patient/psychotherapist privilege that applies to children. That means that a therapist cannot disclose anything said by a child in therapy–with limited exceptions such as abuse and other criminal activity–unless the privilege has been waived. The fact that parents cannot waive that privilege for their children frequently comes as a surprise in divorce proceedings. Instead, the judge will appoint a special Guardian ad Litem purely for the purpose of determining whether to waive the privilege. Typically, but depending upon the child’s age, that person will speak with the parents and the child before making a determination as to whether waiving that privilege could be detrimental to the child.

Holidays can be very difficult and stressful for families dealing with divorce or separation, whether the case is in process or already completed. Every parent wants to spend time with his or children during significant holidays, and sharing that time can present difficult, emotional issues. No one wants to be a visiting parent. The children will benefit if parents have been able to agree upon a parenting arrangement for the holidays, which may entail compromise from both parents. Do both parents’ families celebrate the same holidays? Do the families live close to each other, or are they on opposite sides of the country? If there are no orders in place that ensure time to each parent has time with the children, then one or both parents may want to consider negotiating holiday time, with the assistance of an attorney, or returning to court to obtain an order ensuring that time. Families with existing orders may find it appropriate to revisit and retool them as the children grow up. Planning ahead will ensure that there is time to address parenting time sufficiently in advance of the holiday.

If used properly, mediation in a divorce or post-divorce case can minimize both cost and acrimony. Another benefit of mediation is the ability to craft a creative agreement that suits the needs of your family. Are you and your spouse (or ex-spouse) on a level playing field, meaning that neither of you will attempt to use mediation to dominate the other? If so, then mediation may be for you. Ideally, your mediator will be an experienced attorney with mediation training. Also, mediation does not negate the need for each of you to have independent counsel, if only to review the resulting agreement to ensure that it serves your best interests.

When there is a family business, whether one or both spouses operate the business, it is important to determine its value. Depending upon the size and type of business, it may have a very significant value or a negligent value. A specialized appraiser can speak with the business owner, examine the business financial records, and perform an analysis of the value. Often, the appraiser can provide an indication at the inception of his or her work as to the likelihood that the business has significant value. A divorce attorney works closely with the appraiser to ensure access to a appropriate and complete set of information for the appraisal. Of course, a business also provides a stream of income; if the parties disagree about the extent of that income, the appraiser may also be retained to analyze the owner income.

Massachusetts substantially modified its alimony law in 2012.  As a result, courts were provided with more guidance about the circumstances under which alimony should be awarded, the length of time that alimony should be paid, and the events that should trigger a termination, reduction or suspension of alimony.  Typically, alimony will not exceed the recipient’s need or 30 to 35% of the difference in the parties’ gross incomes.  However, there are exceptions, and the court may deviate from that formula under some circumstances.  The duration of alimony typically depends upon the length of the marriage, i.e., the longer the marriage, the longer the term of alimony.  Moreover, Massachusetts now recognizes several categories of alimony:  rehabilitative, reimbursement, transitional and general term alimony.  Because of the intricacies of this law, the interplay of alimony with other divorce-related issues, and the wide array of interpretations within the court system, it is wise to discuss your circumstances with an attorney to determine how the law applies to your particular circumstances.

Massachusetts has a statute that authorizes the courts to protect someone who has been abused or threatened with abuse from a family member or household member. Abuse is defined as physical harm, being placed in fear of imminent serious physical harm, or being forced to engage involuntarily in sexual relations. The abused and abuser must be family or household members, the definition of which includes people who have been in a “substantive dating relationship,” people that “are or were related by blood or marriage,” and people who have a child in common regardless of whether they have ever been married to each other or lived together. A violation of an abuse prevention order is considered a crime. A 2012 amendment to the statute added protection for domestic animals; this change in the law made a lot of sense, because many abusers harm household pets, or threaten to abuse the pet, and use the presence of the animal to keep the abused person from seeking assistance. If the abuse occurs when the courts are closed, which often is the case, the local police can assist by obtaining an order from the emergency judge on call, which is always available. While rational people typically comply with court orders, an abuse prevention order will not stop someone who is irrational or truly intent on harming another person, so it is always wise to seek counsel and take all steps to protect both family and pets.

Divorce mediation can minimize both the cost and level of acrimony in a divorce or post-divorce case if used properly. Another benefit is the ability to creatively draft an agreement that fits your needs. Are you and your spouse (or ex-spouse) on a level playing field? If so, meaning that neither of you is likely to use mediation as a tool to dominate the process, mediation could be for you. Ideally, your mediator will be an experienced attorney with mediation training. Also, mediation does not negate the need for each of you to have independent representation, if only to review the agreement resulting from mediation to ensure that your best interests have been served.