In Massachusetts, an Abuse Prevention Order, commonly referred to as a restraining order, are issued under Mass. General Laws Ch. 209A. Once issued, a defendant may seek to terminate a permanent order, but must first meet a significant burden of proof. In a recent decision from the State’s highest court, the Supreme Judicial Court (“SJC”) opined that in order for…
Mother and father had two children and resided in the United States until Father took a job in Singapore. The parents agreed to move to Singapore for only a three year period and then return to the United States. The parents had two children, both of whom are dual Danish and American citizens. The mother returned to the United States…
A husband or wife may be entitled to a divorce from the bonds of marriage on the grounds of extreme cruelty. Actual violence committed on a spouse by the other intended to endanger life and limb may constitute extreme cruelty within the parameters of New Hampshire law. In these instances, extreme cruelty consists of a course of conduct rather than…
In Sweetnam and Sweetnam, the New Hampshire Supreme Court had to decide whether a husband or a wife may give a conditional gift during the marriage and what happens to the conditional gift upon divorce. The parties in Sweetnam were married for less than four years. During the marriage the wife purchased property in New Hampshire with her income and…
Typically, a gift need not be returned when given to a friend or loved one. An exception to the rule of law is when the gift is given conditionally. When a gift comes with a condition, the item or property may need to be returned if the condition is not satisfied. Engagement rings may fall under this latter category. As…
The New Hampshire Supreme Court has recognized the need to protect spouses from mental and emotional abuse and has ruled that the statute is intended to protect against “constant, innumerable, and nameless indignities of speech and action, each possibly petty in itself, might cause mental anguish less endurable, more hurtful to physical well-being, are more likely to overturn reason, than…
Actual physical violence committed by one spouse on another with the intent to cause danger to life and limb may be a basis for a fault ground divorce under New Hampshire law. In order to meet the statutory requirements, the physical abuse must consist of a course of conduct rather than a single act. However, the acts of physical violence…
As discussed in a recent blog article, the New Hampshire Supreme Court In re the Estate of Couture determined that a constructive trust may be used to reach proceeds from an ERISA benefit after the beneficiary receives the payment. In rendering its decision, the Couture court also discussed the standard needed for the trial court to impose a constructive trust…
The Employee Retirement Income Security Act of 1974, commonly referred to as “ERISA” is a federal statute that governs many employer-based benefits such as pensions, IRAs, 401(k)s and other retirement benefits as well as employer-provided insurance benefits such as life insurance, health insurance, dental insurance, disability insurance, etc. Because ERISA is a federal statute, it preempts state law governing similar…
In a divorce case, the parties’ retirement accounts, such as IRA, 401k, pension plans are often divided between the divorcing spouses. The final divorce decree will usually contains language that states one spouse releases the other from any claim they may have against the others estate. However, this language does not change who the spouse designates as a beneficiary for…