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The Rain.

Hear us out on this one: songs about breakups and cheating are some of the most popular and best ever written. If you so a simple online search, the lists are endless.

“The Rain”  by  Oran Juice Jones came on a few days ago and it was an instant catapult back to middle school.  Although it is probably not one of the greatest songs of all time, it was definitely an anthem in the 80’s:

While listening (and singing really badly), the adult, family law attorney kicked in and started thinking about all of the great songs written about infidelity. Here are some of our favorite songs (in no specific order) about cheating on your spouse:

1. Jolene by Dolly Parton
2. Girl Crush by Little Big Town
3. Lucille by Kenny Rogers
4. Before He Cheats by Carrie Underwood
5. It Wasn’t Me by Shaggy
6.  Hit ’em up Style by Blu Cantrell
7. You Ought to Know by Alanis Morissette
8. Cry Me a River by Justin Timberlake
9. Creep by TLC
10.  You Know I’m No Good by Amy Winehouse

Which is your favorite on the list above and in general? You know we love to be introduced to new music!

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New year, new law.



Effective as of January 1, 2025, the Commonwealth of Massachusetts had implemented the Massachusetts Parentage Act (“MPA”). The MPA has expanded parenting relationships by:
* Replacing the terms “mother” and “father” with “parent” and “person who gave birth;”
* Creating a process for children establish parentage; and
*Clarifying ways in which parentage can be defined (ie. giving birth, adoption, voluntary acknowledgement, court order, presumption, genetic connection, de facto, or intended parentage).

It will be really interesting to see how these new laws will be further defined in future years. We expect that there will be a tremendous amount of litigation surrounding presumption, genetic connections and intended parentage.

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Last Name.

It started off “Hey cutie, where you from?”And then it turned into “Oh no! What have I done?”And I don’t even know my last name….
-Carrie Underwood

Annulments are rare. In approximately 20 years of practice, we’ve done one annulment. One.

When an annulment is granted, it is as though the marriage never existed. In the Commonwealth of Massachusetts,  at least one the allegations must be proven for an annulment to be granted:
1. Bigamy;
2. Consanguinity;
3. Fraud;
4. Duress in the inducement to get married;
5. Impotence or known lack of ability to have children (with a representation to the contrary);
6. Mental incapacity , which can include being excessively intoxicated:

7. Being under age at the time of marriage.

Where an annulment voids a marriage, it is possible that an individual can represent themselves as never married. We are always curious whether people who get a marriage annulled even disclose their previous situation to a future spouse.

We would love to hear your thoughts on this topic. Do you agree with the idea of annulment in principle? Do you think that a person should have to list an annulled marriage on an application for a future marriage license?

 

 

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Stuck With You.

Can you imagine purposefully living with your ex after you’ve separated? It’s not uncommon for couples to live together during the separation process, but cohabitation after the divorce is final has historically been very rare.

Prior to Covid, we can remember only one couple that lived together post divorce. The husband wanted to keep the marital home but he was unable to buy out the Wife’s share of the equity at the time of the divorce; typically, in this type of situation, the home would have typically been listed for sale but the wife graciously agreed to wait until after her 99 year old father in law, who also lived there, passed or was otherwise relocated. *

While this type of situation is still very rare, some couples do consider some form of cohabitation post-divorce. We recently worked on an agreement where the parties alternated use of the marital home depending on who had parenting time. We’ve also created agreements for parents who intend to live together so that they both could be physically present on a daily basis. While we always love the idea of providing a united front to the children and keeping things are “normal” as possible, we haven’t found any research to support whether these situations are actually in the best interest of the children.

If parties are going to even consider cohabitation post-divorce, there need to be some well established ground rules. How long will this arrangement last? What happens if one person decides that they no longer wish to cohabitate or wants to buy out the other? Who is covering each specific household expense? Who will be responsible for household chores? Will one parent be paying child support during the cohabitation period? Will they be able to problem solve and communicate better once divorced? What will happen when one person starts to date?**

There are a multitude of reasons that people consider cohabitation post-divorce, including:
1. The transition from a two income household is not always easily manageable if both parties are not self sufficient (with or without child support or alimony);
2. One party may have credit issues which may effect their ability to buy or rent; OR
3. Suitable housing may be difficult to find, especially if a person is hoping to remain in the same school district or needs an apartment with more than two (2) bedrooms.

While these reasons (and others) are certainly understandable, the traditional options are still the default: either you list the house for sale or one party buys out the other by giving them a portion of the equity in the marital home.

As always, we welcome your thoughts our newsletter or answer any questions!

Regards,
Faye & John



* In this case, waiting actually increased the value of her equity in the home due to the spike in home values during this period.

** Do you remember this scene from The Break Up? Ironically, this is probably the least uncomfortable and complex situation that might occur:

https://www.youtube.com/watch?v=NoXW_FZtCO4

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