Falmouth Family Law Lawyer, Massachusetts

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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Patricia McMenamy

Juvenile Law, Guardianships & Conservatorships, Family Law, Criminal
Status:  In Good Standing           

Kathleen Horan McLean

Family Law, Accident & Injury, Bankruptcy & Debt, Estate
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Suzanne C. B. Hicks

Family Law
Status:  In Good Standing           Licensed:  33 Years

Shane A Carlson

Family Law, Criminal, Personal Injury, Car Accident
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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

SHARED CUSTODY

See joint custody.

INCOMPATIBILITY

A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. C... (more...)
A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. Compare irreconcilable differences; irremediable breakdown.

COMPLAINT

Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.

RESPONDENT

A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must r... (more...)
A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must respond to the petitioner's complaint.

OPEN ADOPTION

An adoption in which there is some degree of contact between the birthparents and the adoptive parents and sometimes with the child as well. As opposed to most ... (more...)
An adoption in which there is some degree of contact between the birthparents and the adoptive parents and sometimes with the child as well. As opposed to most adoptions in which birth and adoption records are sealed by court order, open adoptions allow the parties to decide how much contact the adoptive family and the birthparents will have.

CRUELTY

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.

LEGAL CUSTODY

The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.

IRRECONCILABLE DIFFERENCES

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.

DESERTION

The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home f... (more...)
The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home for a specified length of time. Desertion is a grounds for divorce in states with fault divorce.

SAMPLE LEGAL CASES

Vorontsova v. Waronzov

... See generally Kindregan & Inker, Family Law and Practice § 28:4 (3d ed. 2002). "Under that doctrine, Massachusetts generally will recognize and enforce valid judgments rendered by a foreign court" (emphasis supplied). ... See generally Katz, Family Law in America 82 (2003). ...

Ansin v. Craven-Ansin

... See CP Kindregan, Jr., & ML Inker, Family Law and Practice § 50:15 (3d ed. 2002) (hereinafter Kindregan & Inker) (agreement made in expectation of marriage "radically" different situation from 290 "that which faces a spouse attempting to save a long existing family relationship ...

Eyster v. Pechenik

... required. Kindregan & Inker, Family Law & Practice § 20:6, at 751 (3d ed. 2002) ("there is no mandate that each party consult an attorney since a competent person can represent himself, however unwise such a choice may be"). ...