Other Family Law

Ouellette Family Law represents clients in a wide range of other family law matters.

Family Law Appeals in Massachusetts

Trials in divorce actions and other family law disputes are generally heard in the Probate and Family Court. Parties who are dissatisfied with the result of their trial have the right to appeal the decision to the Appeals Court. The Supreme Judicial Court (a higher court) also hears appeals, but only if it is determined that further review is warranted.

Generally, an appeal can only be taken from a final judgment. A notice of appeal must be filed in the trial court within 30 days after the judgment is entered on the court’s docket. In limited circumstances, it is possible to appeal an order which is not final to a single Justice of the Appeals Court.

An appeal is based solely on the evidence introduced during the trial. New evidence cannot be offered, nor can it be relied upon, in an appeal. In general, judgments are appealable if the trial judge made an error of law or abused their discretion in applying the law to the facts of the case. Parties on both sides are required to file written briefs setting forth their arguments. Sometimes a decision is made after a review of the briefs. In other cases, the Appeals Court will hear arguments from the attorneys. The court then issues a written decision setting forth its decision to either affirm or reverse the judgment. Sometimes it is necessary to send the case back to the trial judge to implement the Appeals Court’s decision.

In her 40 years of experience, Attorney Linda Ouellette has handled multiple appeals in addition to her work at the trial level. Her appellate advocacy has resulted in precedent-setting decisions which have helped shape the law in Massachusetts.

Prenuptial Agreements and Postnuptial Agreements

Dividing assets in a divorce can be a contentious process and leaving the decision to a judge can be risky. Prenuptial and postnuptial agreements allow parties to determine the outcome of their divorce in advance to reduce the possibility of an unanticipated or unfavorable outcome. Although the purpose of prenuptial and postnuptial agreements is the same, the laws which apply to them are different.

Prenuptial agreements are executed before the parties are married. Each is required to fully disclose their assets, debts, and income to the other before signing the agreement. The parties must sign the agreement voluntarily and without any coercion or undue pressure. It is advisable (but not required) for parties to be represented by attorneys. The terms of a prenuptial agreement will generally be enforced in a later divorce action unless the court determines that its terms are “unconscionable” (that is, grossly unfair) as long as there has been full disclosure of financial information and the agreement is signed voluntarily.

Postnuptial agreements are signed while the parties are married — often when there is marital discord and one or both parties wish to fix the terms of their divorce in the event the marriage does not last. Postnuptial agreements are subject to greater scrutiny than prenuptial agreements. The involvement of attorneys is especially important to ensure that the rights of both parties are protected. Although the outcome required by a postnuptial agreement need not be the same as if the judge decided the case, the agreement must be fair and reasonable, both at time the agreement was executed and at the time of the divorce.

In some instances, and in addition to predetermining the division of assets and alimony, parties will agree on how they want their assets to be divided in the event of their deaths. Parties cannot predetermine issues relating to children, and those issues are always decided during the divorce.

During her 40 years of practice, Attorney Linda Ouellette has represented countless individuals in the negotiation of prenuptial and postnuptial agreements. Her experience litigating the enforceability of these agreements enables her to anticipate problems and reduce the chances that the agreement will be challenged during divorce proceedings.

Adoption

While many people think family law is about ending relationships, it can also be about creating them. Helping families grow through adoption is one of the best things we do at Ouellette Family Law.

We work with families to ensure that the legality of their relationships matches the bonds they have created. We work with stepparents who wish to adopt their spouse’s children and with adults who wish to adopt a young family member they are caring for or for whom they are a legal guardian.

In addition to the emotional benefits, establishing a legal parent-child relationship through adoption allows the child to inherit from their parents. They may also be entitled to receive government benefits which are available to the child of a parent who is also receiving benefits (such as Social Security payments). In the event of a divorce, both an adopted child and the adoptive parents have the same legal rights as if the child were their biological child.

If you are interested in expanding your family through a friendly adoption, Ouellette Family Law can provide the guidance necessary to ensure a positive experience and outcome.