Boston Divorce Lawyer Blog

When we talk about child custody during a separation or divorce here in Massachusetts, we’re actually talking about 2 separate types of custody – physical custody and legal custody.

Physical custody is who the child lives with most of the time.  One parent can have sole physical custody or both parents can have joint physical custody.  If one parent has sole physical custody, then the other parent (noncustodial parent) gets visitation.

Legal custody is who gets to make the decisions that involves the child.  One parent can have sole legal custody or both parents can have joint legal custody.

The most common type of arrangement is when one parent has sole physical custody and both parents have joint legal custody.  The noncustodial parent get visitation and must pay child support to the parent with sole physical custody (the custodial parent).

The probate and family courts of Massachusetts recently released data of different types of filings from 2005 to 2009.

Several interesting numbers:

Divorce filings in 2005 – 47,130
Divorce filings in 2009 – 53,097

Paternity filings in 2005 – 36,583
Paternity filings in 2009 – 49,754

These numbers show that there is a steady increase in the number of divorces filed (23.3%) and the number of paternity cases filed (26.5%).  During this period of time, most divorce attorneys in and around the Boston area will tell you that there has been a decrease in clients.  If there is an increase in the number of divorces being filed but a decrease in business for divorce attorneys, that means that there are more and more people filing for divorce on their own (pro se).

It is our role as lawyers to help people and it is our professional obligation to do more to help those filing for divorce navigate their way through the court system.  Personally, I do my part by participating in many different pro bono activities and also publishing this blog to help answer people’s question about divorce free of charge.

I’ve been posting a lot here recently about marriage despite this being a blog about divorce.  But obviously divorce and marriage is related.  As a divorce attorney, I don’t celebrate when my clients get a divorce.  My job is a necessary evil.  Divorce happens and it is the role of the divorce attorney to help lay a foundation out of the financial and emotional ruins of a divorce.

Therefore, I often ask myself the most basic question in my practice – what does being married mean or rather, what should it mean.

The bill did not pass.

I fully support the initiative to place the 2010 California Marriage Protection Act on the ballot.  Last year, California approved Proposition 8 based largely on the idea that allowing same-sex marriage is detrimental to the sanctity of marriage.  Marriage is sacred and needs to be protected from perversion – so goes the argument.  That is why it makes sense to support the 2010 California Marriage Protection Act.  It takes Proposition 8 one step further by banning divorce in the state of California.  If that doesn’t protect the sanctity of marriage, I don’t know what will.

You can read the proposed amendment here: http://rescuemarriage.org/2009/08/22/2010-california-protection-of-marriage-act/