Family Law
Family Law tests marriage, divorce, property division, alimony, child support, custody, adoption, and domestic violence.
Core framework
Marriage requires license and solemnization; common-law marriage is not recognized in Massachusetts. Divorce: no-fault irretrievable breakdown. Property division is equitable, not equal; Massachusetts factors include length of marriage, ages, health, station, occupation, income, liabilities, and contributions. Alimony under the Alimony Reform Act has types and durational limits. Child support follows the Massachusetts Child Support Guidelines (income shares). Custody: legal and physical, best interests. Adoption requires consent or termination. Domestic violence: G.L. c. 209A protective orders.
Worked example
H and W divorce after 10 years. H earns $100,000; W earns $30,000. They have an 8-year-old. The court divides marital property equitably, considering contributions and needs. Alimony may be general term, but duration is limited by the length of marriage. Child support is calculated under the guidelines using both incomes and parenting time. Custody is based on the child's best interests, not gender.
Traps
Equitable division is not 50/50. Inherited property may be included or excluded depending on commingling. Alimony and child support are separate. A relocation requires a best-interests analysis. Premarital agreements require full disclosure and voluntariness. A c. 209A order can be issued ex parte with notice and hearing.