Kelly & Murstein Family Law

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Kelly & Murstein Family Law Innovative solutions to complex family law problems from a compassionate, knowledgeable and experienced attorney.

Paying for college can be a significant financial challenge for any family. For divorced or separated parents, the issue...
09/29/2026

Paying for college can be a significant financial challenge for any family. For divorced or separated parents, the issue can become more complicated. Who pays tuition? What about room and board? Does one parent have to contribute more because that parent earns more? And can a Massachusetts court require a parent to help pay for college even though the child is already 18?
Massachusetts law allows courts to address certain college expenses for children of divorced parents. However, there is no automatic rule requiring parents to divide every college bill equally. The result can depend on the parents' finances, the child's circumstances, the cost of the school, financial aid, and the terms of the divorce agreement or judgment.
Can a Massachusetts Court Require Parents to Pay for College?

Massachusetts law allows courts to address certain college expenses for children of divorced parents. However, there is no automatic rule requiring parents to

For many Massachusetts professionals, compensation involves much more than a salary. Executives, technology employees, f...
08/27/2026

For many Massachusetts professionals, compensation involves much more than a salary. Executives, technology employees, financial professionals, and other highly compensated individuals may receive restricted stock units (RSUs), stock options, performance shares, deferred bonuses, or other forms of equity compensation.
When a marriage ends, these benefits can create complicated questions. Some awards may have been granted years earlier but will not vest until after the divorce. Others may reward past work while also encouraging an employee to remain with a company in the future. Their value can fluctuate significantly, and taxes may substantially affect what the employee ultimately receives.
Determining how equity compensation should be treated can therefore become an important part of a Massachusetts divorce involving significant assets.
Is Equity Compensation Considered Marital Property in Massachusetts?

Determining how equity compensation should be treated can therefore become an important part of a Massachusetts divorce involving significant assets.

Your Digital Footprint May Play a Larger Role Than You ThinkToday's divorce cases involve far more than financial record...
07/23/2026

Your Digital Footprint May Play a Larger Role Than You Think
Today's divorce cases involve far more than financial records and witness testimony. Text messages, emails, social media posts, photographs, online purchases, and even location data can all become relevant when resolving issues involving child custody, asset division, alimony, or a spouse's credibility.
Many people assume that deleting a message or setting a social media account to "private" makes their online activity unavailable during a divorce. In reality, digital evidence frequently becomes part of the legal process and can significantly influence the outcome of a case.
Understanding how electronic communications may be used during a Massachusetts divorce can help individuals make informed decisions while protecting their legal interests.
Text Messages Can Become Important Evidence
Text messages often provide insight into conversations, intentions, financial decisions, and parenting issues.

Today's divorce cases involve far more than financial records and witness testimony. Text messages, emails, social media posts, photographs, online purchases,

Marriage is an exciting milestone, whether it is a first marriage, a second marriage, or a long-awaited legal recognitio...
07/09/2026

Marriage is an exciting milestone, whether it is a first marriage, a second marriage, or a long-awaited legal recognition of a committed relationship. As couples plan their future together, discussions often focus on wedding arrangements, housing, finances, and family goals. One topic that is frequently overlooked, however, is whether a prenuptial agreement may be appropriate.
Some people mistakenly believe that prenuptial agreements are only for the wealthy or for couples who expect their marriage to fail. In reality, a well-drafted prenuptial agreement can be an effective planning tool that helps couples establish financial expectations and avoid uncertainty in the future.
For same-sex couples in Massachusetts, a prenuptial agreement may provide important protections and clarity, particularly when significant assets, business interests, children, or long-term relationships are involved.
What Is a Prenuptial Agreement?

Marriage is an exciting milestone, whether it is a first marriage, a second marriage, or a long-awaited legal recognition of a committed relationship. As

Many parents assume that once a divorce is finalized and a child support order is issued, the amount is permanent. In re...
06/03/2026

Many parents assume that once a divorce is finalized and a child support order is issued, the amount is permanent. In reality, child support orders in Massachusetts are often modified over time as families grow, financial circumstances shift, and parenting arrangements evolve.
A child support order that made sense several years ago may no longer reflect the realities of a family’s current situation. Massachusetts law allows parents to request changes when significant circumstances arise that affect either the child’s needs or the parents’ financial positions.
Life Changes Frequently Affect Child Support
Child support orders are based on the financial information and parenting arrangements that existed at the time the order was entered. However, life rarely remains static after divorce or separation.
A parent may experience a substantial increase or decrease in income. One parent may change careers, lose employment, become disabled, or begin earning significantly more money.

Many parents assume that once a divorce is finalized and a child support order is issued, the amount is permanent. In reality, child support orders in

Alimony orders in Massachusetts are not always permanent. Life circumstances change, and when they do, existing alimony ...
05/06/2026

Alimony orders in Massachusetts are not always permanent. Life circumstances change, and when they do, existing alimony arrangements may no longer be fair or appropriate. Whether you are paying or receiving support, it is important to understand when spousal support or alimony can be modified—or even terminated entirely.
When Can Alimony Be Modified in Massachusetts?
Alimony may be modified when there has been a material and substantial change in circumstances since the original order was issued. This means a meaningful change that affects either party’s financial situation.
Common reasons to seek a modification include:

- Loss of income or employment
- Significant increase in either party’s earnings
- Changes in health or medical needs
- Retirement
- Changes in living expenses

The court will evaluate whether the change justifies adjusting the current alimony arrangement.
Can Alimony Be Terminated Automatically?
In some situations, yes.

Alimony orders in Massachusetts are not always permanent. Life circumstances change, and when they do, existing alimony arrangements may no longer be fair or

Planning a wedding is an exciting time, filled with optimism and anticipation for the future. While conversations about ...
04/03/2026

Planning a wedding is an exciting time, filled with optimism and anticipation for the future. While conversations about finances and legal protections may not feel romantic, they are an important part of building a strong and transparent foundation for marriage. In Massachusetts, more couples are choosing to create prenuptial agreements as a practical and proactive step toward long-term stability. Understanding how these agreements work—and the benefits they offer—can help couples make informed decisions as they prepare for marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement, often referred to as a “prenup,” is a legal contract entered into by two individuals before marriage. It outlines how certain financial matters will be handled during the marriage and, if necessary, in the event of divorce.

A prenuptial agreement, often referred to as a “prenup,” is a legal contract entered into by two individuals before marriage.

Couples who are able to work cooperatively toward ending their marriage often hear the term “uncontested divorce.” For s...
03/02/2026

Couples who are able to work cooperatively toward ending their marriage often hear the term “uncontested divorce.” For spouses seeking a respectful and efficient resolution, understanding this option is essential. At Kelly & Murstein, many clients ask whether an uncontested divorce is appropriate for their situation and how the process works in Massachusetts. This article answers common questions about uncontested divorce in Massachusetts, how it differs from contested divorce, and what couples should consider before moving forward.
What Does “Uncontested Divorce” Mean?
An uncontested divorce occurs when both spouses agree on all major issues related to ending their marriage. This typically includes division of marital property and debts, child custody, parenting time, child support, and alimony. Because there are no unresolved disputes for a judge to decide, the process is generally more streamlined than a contested case.

Couples who are able to work cooperatively toward ending their marriage often hear the term “uncontested divorce.” For spouses seeking a respectful and

People often use the terms “separation” and “divorce” interchangeably, but they have very different legal meanings. In M...
02/02/2026

People often use the terms “separation” and “divorce” interchangeably, but they have very different legal meanings. In Massachusetts, understanding this distinction is essential when evaluating next steps in a marriage.
Does Massachusetts Recognize Legal Separation?
Massachusetts does not recognize legal separation as a formal legal status. Spouses may live apart, but they remain legally married until a divorce is finalized. Simply moving out or agreeing to live separately does not end the marriage.
What Does Separation Mean in Practical Terms?
Separation generally refers to spouses living apart while still married. Couples may choose this arrangement for personal, financial, or religious reasons. While spouses may reach informal agreements about finances or parenting, these arrangements may be difficult to enforce without court involvement.
Can Separated Spouses Obtain Court Orders?
Yes.

People often use the terms “separation” and “divorce” interchangeably, but they have very different legal meanings. In Massachusetts, understanding this

Kelly & Murstein is pleased to announce that Attorney Amanda Shuman will be a featured instructor at the MCLE New Englan...
01/30/2026

Kelly & Murstein is pleased to announce that Attorney Amanda Shuman will be a featured instructor at the MCLE New England Family Law Mediation Workshop 2026.
Attorney Shuman will lead the session “Agreement Writing: Purposes, Pitfalls, and Good Practice,” a critical component of this four-day, 30-hour in-person program starting Monday, February 23, 2026 is designed specifically for attorney mediators and other dispute-resolution professionals. The Workshop provides comprehensive Rule 8–compliant training for those seeking to serve as family law mediators in Massachusetts, with a strong emphasis on divorce, custody and parenting plans, support, and other core family law issues. (Program details and registration )
The program is highly interactive and built around a facilitative mediation model, blending theory with hands-on practice through role-play and guided exercises.

Kelly & Murstein is pleased to announce that Attorney Amanda Shuman will be a featured instructor at the MCLE New England Family Law Mediation Workshop

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Wellesley, MA
02481

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