The mother of a Massachusetts child born out of wedlock denied her mother visitation, so grandma sued. In Massachusetts, if a child is born out of wedlock, a judgment or acknowledgment of paternity is required before the grandparent visitation statute allows grandparents to request visitation.
In Enos v. Correla the appeals court restricted maternal grandparents from seeking visitation because the child was born out of wedlock and there was no judgment or acknowledgment of paternity. In defense of its decision, the court "invites the attention of the Legislature to what may have been an oversight...."
We believe that the Legislature obviously meant to restrict only paternal grandparents. When judges think they can make good public policy, courts are quick to broadly interpret statutes, but here the court's narrow, picayune interpretation flies in the face of Biology 101.
Scientists cannot test a child at birth, because a newborn does not have the right chemistry for accurate DNA testing. After six months, scientists can obtain, compare, and contrast blood samples from the mother, child, and putative father.
In choosing a DNA laboratory, mothers and putative fathers should consider:
Our local banker explains: "We lent money to two people. You get divorced, but we still have both names on the mortgage, so if one of you fails to pay the mortgage, we can sue both of you. We don't care what your divorce papers say."
If the divorce court orders your spouse to repay joint debt and your spouse still fails to make payments, you can sue your spouse, but expect trouble. As a practical matter, if the IRS cannot collect from your spouse, you will have an even harder time. Ask your lawyer to provide as much protection against creditors as soon as possible. When you separate, notify credit card companies that joint accounts should be closed. You still owe the outstanding balance, but your spouse cannot increase your liability.
Notify lenders in writing that no further disbursements should be allowed on home equity loans without both parties' signatures. Get a written acknowledgment.
If you anticipate delays in paying creditors, notify them in writing and propose an alternative payment plan. The worst approach is to ignore creditors.
Consider obtaining a court order restricting both parties' use of credit during the divorce, although the divorce court cannot nullify the debt to a third party. The bankruptcy court can discharge debt, but cannot eliminate taxes, alimony, or child support obligations.
New Massachusetts legislation allows consumers to obtain a copy of their credit reports at no cost once a year. Check yours.
For more information, see TRW's home page at http://www.trw.com and Nolo Press's Smart Ways to Save Money during and after Divorce by Collins and Wall.
A few pointers on minimizing post-divorce problems:
Health insurance is also controlled by COBRA, the federal "continuation of benefits" in certain events, including divorce. Divorced spouses, for example, must be given an option by private employers to continue health insurance coverage for up to 36 months after divorce. Massachusetts also requires on-going coverage. Be sure you determine whether your employer is covered by federal and state laws. The US Postal Service, for example, is exempt from COBRA. Review your settlement agreement or court order with your plan administrator to be sure your divorce papers and health insurance provisions are consistent.
Over the years creative lawyers argued successfully that a woman who gave up her career as a flight attendant had a right to a share of the house purchased in her lover's name during their relationship. In another case a man who worked many years on a farm owned by his lover, got nothing for his efforts.
Some unmarried couples sign cohabitation agreements to preclude uncertain nasty endings. Much like prenuptial agreements, these documents address such issues as:
Martindale-Hubbell rates lawyers based on evaluations by other lawyers and judges. Ratings are helpful, but make your own decision.
(source: Bureau of Labor Statistics)
For parties going through psychiatric evaluations for custody cases, refer to the "American Psychiatric Glossary" published by the American Psychiatric Press, Inc., 1400 K Street, NW, Washington DC 20005. The glossary helps explain the jargon in psychological reports.
"Fear of making the wrong decision and subsequently suffering a loss can make it difficult to reach final decisions. It is bad enough that your ego must suffer, but when you err, your pocketbook suffers as well." James R. Ross in How to Buy a Car, also applicable to divorce.
Unique divorce settlement: Robert E. Lucas, this year's recipient of the Nobel Prize for economics, is giving his former wife half of his million dollar prize.