Foley & MacAdie, P.C.

10/23/2020

Earlier this year, the Massachusetts Supreme Judicial Court (SJC) decided Shak vs. Shak, a case about the limits that can or cannot be placed on parties' free speech rights when it comes to talking openly - and particularly on social media - about their ongoing family law proceedings.

In that case, the parties had been posting publicly and negatively about their divorce on social media. In response to an argument that those posts could cause future harm for the parties' young child, the trial court entered what is called a "nondisparagement order" which prohibited the parties from posting negatively about the other on social media, at least until their child turned fourteen years old. Once the case made its way to the SJC, the SJC found that the trial court order was actually a violation of the parties' First Amendment right to free speech.

"The best solution would be for parties in divorce and child custody matters to rise above any acrimonious feelings they may have, and, with the well-being of their children paramount in their minds, simply refrain from making disparaging remarks about one another,'' the SJC said in Shak v. Shak. We couldn't agree more.

The Shak decision does not impact the ability of parties to enter into a nondisparagement agreement voluntarily, and our practice is to include nondisparagement language in nearly every agreement. But note that, under Shak, it is unlikely that a Court would hold a party in contempt for violating a nondisparagement provision, because the Court does not want to be seen as violating a parties' First Amendment right to free speech.

If you and your former spouse or co-parent are parenting simply by verbal agreement, we strongly recommend reducing your agreement to writing and having it entered as an Order of the Court. For assistance in doing so, please contact us at (978) 263-4160 or visit us online at www.foleymacadiepc.com. We look forward to being of assistance!

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10/16/2020

Check out our blog post, "5 Mistakes to Avoid When Drafting a Prenup". If you are looking for more information relative to prenuptial agreements, or are looking to have one drafted, please contact our office at 978-263-4160. We are happy to help!

08/10/2020

Here is an interesting new case originating from Essex Probate & Family Court. Franzosa v. Franzosa deals with the issue of misrepresentation by one party as to their financial information, and what relief the other party has available to them related to same during the "nisi period", which is the 90-day period immediately following entry of the Judgment of Divorce, prior to the divorce becoming final, or "absolute".

In, Franzosa v. Franzosa, the Husband filed objections during the nisi period on the basis that the Wife misrepresented her financial circumstances at the time of executing their Separation Agreement & filing her final Financial Statement.

Ultimately, the Probate & Family Court dismissed the Husband's objections and the Massachusetts Appeals Court affirmed the decision of the Probate & Family Court. The Appeals Court found in this case that, although the Wife did present a number of inaccurate financial disclosures to the Court, those inaccuracies did not amount to misrepresentation, which requires clear and convincing evidence that a party intentionally made a false statement of material fact on which the other party relied to their detriment.

Read more here:https://www.mass.gov/files/documents/2020/08/05/s19P0777.pdf and call us at (978) 263-4160 if you or a family member have questions about divorce, modifying an existing divorce agreement, child support, or any other family law issue.

03/26/2020

While our physical offices remain closed, we are all working from home. We know that the pandemic had impacted all of us in ways that are emotional and anxiety provoking. We are committed to remaining available to everyone who has a question or has a concern. Please email us or call the office if you believe we can be of assistance to you. No question is too small. We hope that you and your loved ones are safe and healthy and will remain so.