Massachusetts lawmakers cannot resist tinkering with custody laws. A new law requires judges to take into account any incidents of domestic violence before entering an order of custody or visitation.
Rep. David Cohen says “It’s only common sense.” We agree, but will common sense prevail when angry litigants are standing in front of the judge? Will a parent use the magic words “domestic violence” to gain the upper hand? Will false or exaggerated a llegations only incite and inflame divorce cases? It happens now. It will continue until common sense tells us that men can be good parents, and women can be decent wage earners. Let us give men a fair chance in the home, and women a break in the workp lace.
The typical divorce case involves competing claims by the husband and wife for the family home, pension, and questions involving child support and alimony. The usual witness list includes the husband and wife. Other cases require experts testimony on:
A typical divorce trial takes two to three days, but if parents argue over custody, add another day or two.
Judges often “take a case under advisement,” meaning that after trial, judges take a few days or several months before issuing a judgment. Judges also include “findings of fact” and “rulings of law," the factual and legal basis for the divorce judgment. If you are dissatisfied with the judgment, you have a right to appeal, but the process is expensive, lengthy, and weighted in favor of the trial court’s decision.
For overseas attorneys, check out the U.S. State Department and the international section of Martindale-Hubbell.
Tips:
For handbooks and videotapes on mediation, joint custody, counseling , and divorce, write to: The Association of Family and Conciliation Courts, 329 W. Wilson St., Madison, WI 53703.
For divorce forms on disk and accompanying handbook, “Drafting Documents to Support a Divorce Action” (No. 94-10.09-QC) by Boston divorce lawyer, Peter Zupcofska, write to: MCLE, Inc. 10 Winter Place, Boston, MA 02108-4751 . Send $45, shipping include d. Refer to the book by name and number. The material is designed for lawyers, but the clear, concise language is accessible to nonlawyers.
Our seven year old guest editor, MSF, writes about “Dinosaurs Divorce” by Laurence Krasny Brown and Marc Brown, saying it is a “good book to help children understand that the fights and divorce are not their fault.” MSF urges children to “really try to t
ell their parents their feelings” and for parents to “try to be honest” in answering the children’s questions.
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