Kelly & Murstein Family Law

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Kelly & Murstein Family Law

Innovative solutions to complex family law problems from a compassionate, knowledgeable and experienced attorney.

06/03/2026

Many parents assume that once a divorce is finalized and a child support order is issued, the amount is permanent. In reality, child support orders in Massachusetts are often modified over time as families grow, financial circumstances shift, and parenting arrangements evolve.
A child support order that made sense several years ago may no longer reflect the realities of a family’s current situation. Massachusetts law allows parents to request changes when significant circumstances arise that affect either the child’s needs or the parents’ financial positions.
Life Changes Frequently Affect Child Support
Child support orders are based on the financial information and parenting arrangements that existed at the time the order was entered. However, life rarely remains static after divorce or separation.
A parent may experience a substantial increase or decrease in income. One parent may change careers, lose employment, become disabled, or begin earning significantly more money.

Many parents assume that once a divorce is finalized and a child support order is issued, the amount is permanent. In reality, child support orders in

05/06/2026

Alimony orders in Massachusetts are not always permanent. Life circumstances change, and when they do, existing alimony arrangements may no longer be fair or appropriate. Whether you are paying or receiving support, it is important to understand when spousal support or alimony can be modified—or even terminated entirely.
When Can Alimony Be Modified in Massachusetts?
Alimony may be modified when there has been a material and substantial change in circumstances since the original order was issued. This means a meaningful change that affects either party’s financial situation.
Common reasons to seek a modification include:

- Loss of income or employment
- Significant increase in either party’s earnings
- Changes in health or medical needs
- Retirement
- Changes in living expenses

The court will evaluate whether the change justifies adjusting the current alimony arrangement.
Can Alimony Be Terminated Automatically?
In some situations, yes.

Alimony orders in Massachusetts are not always permanent. Life circumstances change, and when they do, existing alimony arrangements may no longer be fair or

04/03/2026

Planning a wedding is an exciting time, filled with optimism and anticipation for the future. While conversations about finances and legal protections may not feel romantic, they are an important part of building a strong and transparent foundation for marriage. In Massachusetts, more couples are choosing to create prenuptial agreements as a practical and proactive step toward long-term stability. Understanding how these agreements work—and the benefits they offer—can help couples make informed decisions as they prepare for marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement, often referred to as a “prenup,” is a legal contract entered into by two individuals before marriage. It outlines how certain financial matters will be handled during the marriage and, if necessary, in the event of divorce.

A prenuptial agreement, often referred to as a “prenup,” is a legal contract entered into by two individuals before marriage.

03/02/2026

Couples who are able to work cooperatively toward ending their marriage often hear the term “uncontested divorce.” For spouses seeking a respectful and efficient resolution, understanding this option is essential. At Kelly & Murstein, many clients ask whether an uncontested divorce is appropriate for their situation and how the process works in Massachusetts. This article answers common questions about uncontested divorce in Massachusetts, how it differs from contested divorce, and what couples should consider before moving forward.
What Does “Uncontested Divorce” Mean?
An uncontested divorce occurs when both spouses agree on all major issues related to ending their marriage. This typically includes division of marital property and debts, child custody, parenting time, child support, and alimony. Because there are no unresolved disputes for a judge to decide, the process is generally more streamlined than a contested case.

Couples who are able to work cooperatively toward ending their marriage often hear the term “uncontested divorce.” For spouses seeking a respectful and

02/02/2026

People often use the terms “separation” and “divorce” interchangeably, but they have very different legal meanings. In Massachusetts, understanding this distinction is essential when evaluating next steps in a marriage.
Does Massachusetts Recognize Legal Separation?
Massachusetts does not recognize legal separation as a formal legal status. Spouses may live apart, but they remain legally married until a divorce is finalized. Simply moving out or agreeing to live separately does not end the marriage.
What Does Separation Mean in Practical Terms?
Separation generally refers to spouses living apart while still married. Couples may choose this arrangement for personal, financial, or religious reasons. While spouses may reach informal agreements about finances or parenting, these arrangements may be difficult to enforce without court involvement.
Can Separated Spouses Obtain Court Orders?
Yes.

People often use the terms “separation” and “divorce” interchangeably, but they have very different legal meanings. In Massachusetts, understanding this

01/30/2026

Kelly & Murstein is pleased to announce that Attorney Amanda Shuman will be a featured instructor at the MCLE New England Family Law Mediation Workshop 2026.
Attorney Shuman will lead the session “Agreement Writing: Purposes, Pitfalls, and Good Practice,” a critical component of this four-day, 30-hour in-person program starting Monday, February 23, 2026 is designed specifically for attorney mediators and other dispute-resolution professionals. The Workshop provides comprehensive Rule 8–compliant training for those seeking to serve as family law mediators in Massachusetts, with a strong emphasis on divorce, custody and parenting plans, support, and other core family law issues. (Program details and registration )
The program is highly interactive and built around a facilitative mediation model, blending theory with hands-on practice through role-play and guided exercises.

Kelly & Murstein is pleased to announce that Attorney Amanda Shuman will be a featured instructor at the MCLE New England Family Law Mediation Workshop

01/01/2026

Holiday travel is common during school breaks, but for divorced or separated parents, travel plans can quickly become a source of conflict. Whether a parent wants to visit extended family, travel out of state, or take a vacation with the children, questions often arise about consent, notice, and scheduling. At Kelly & Murstein, Massachusetts family law attorneys regularly help parents address holiday travel issues in a way that protects their children’s stability while respecting each parent’s rights.
Does a Parent Need Permission to Travel With a Child During the Holidays?
In Massachusetts, the answer often depends on the terms of the existing parenting plan or court order. Some plans allow routine travel during a parent’s scheduled parenting time, while others require advance notice or written consent for out-of-state or overnight travel.

In Massachusetts, the answer often depends on the terms of the existing parenting plan or court order. Some plans allow routine travel during a parent’s

11/20/2025

When life changes after a divorce or family court judgment, the original court orders may no longer fit the needs of the parents or children involved. A modification order is the legal process for updating an existing judgment so it reflects current circumstances. At Kelly & Murstein, many clients seek guidance on when and how to pursue a modification and what the court requires before changing a prior order.
Why Would Someone Need a Modification Order?
Massachusetts courts expect families to follow the terms of their original judgment whether it concerns child support, parenting time, alimony, or another family law issue. However, the court understands that circumstances can change. When those changes are significant, long-lasting, and not anticipated at the time of the original judgment, a party may request a modification so the order remains fair, workable, and in the best interests of the child.
What Issues Can Be Modified in Massachusetts?

When life changes after a divorce or family court judgment, the original court orders may no longer fit the needs of the parents or children involved.

09/18/2025

For many couples, the marital home is the most valuable property they own and the place where their children have grown up. When divorce becomes inevitable, questions about who will live in the home, both during and after the divorce proceedings, often cause significant stress. In Massachusetts, the marital home is treated like any other property subject to division, but its importance to the family means it often requires special consideration.
Temporary Living Arrangements
During a divorce, the court may issue temporary orders about who can live in the marital home. If children are involved, judges generally prioritize stability and may allow the parent who has been the children’s primary caregiver to remain in the home while the case is pending. This does not mean that parent will automatically keep the home after the divorce, but it provides continuity for the children during a difficult time.

For many couples, the marital home is the most valuable property they own and the place where their children have grown up. When divorce becomes inevitable,

08/26/2025

When parents are not married and the father’s name is not on the birth certificate, questions often arise about parental rights, especially regarding child relocation. In Massachusetts, family law governs these matters carefully to balance the rights of both parents and protect the best interests of the child. One common and complex question is whether a mother can legally move out of state with her child without the father's authorization when the father's name is not on the birth certificate.
Legal Presumption of Custody
In Massachusetts, if a child is born to unmarried parents and the father is not listed on the birth certificate, the mother has sole legal and physical custody by default. This means she is presumed to have full decision-making authority, including the ability to determine where the child lives.
However, this situation can become complicated if the father later seeks to establish paternity or custodial rights.

When parents are not married and the father’s name is not on the birth certificate, questions often arise about parental rights, especially regarding child

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