Massachusetts Courtroom Advocacy
Gain a deeper understanding of net worth
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- Product Number: 2236662WFM
- Publication Date: 11/3/2023
- Edition: 5th Edition 2023
- Copyright: © 2023 MCLE, Inc.
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Product Description
Product Description
An expertly-written resource that helps you take strategic action when faced with issues relative to net worth in the division of marital assets. Topics include sources of income, indebtedness, how income is reported, valuation of businesses, disposition of life and health insurance, and division of retirement assets, allocation of trust interests, as well as post-divorce planning issues, including financing college educations. Tax considerations are threaded through the content, to help the reader to gain a sophisticated and nuanced understanding of the money divide in divorce planning.
Recent updates:
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Update: May 2023
Dear Subscriber:
MCLE's publications staff and its dedicated volunteers are pleased to present to you this 2023 edition of Financial Aspects of Divorce in Massachusetts . Inside, you will find insightful commentary, updated decisions, and practice tips to guide you through the financial complexities inherent in divorce litigation, including topics like these:
- Temporary relief. Chapter 2 discusses a strategy for timing a request for temporary orders in light of both the longevity of temporary orders and litigants' general reluctance to alter support amounts retroactively when negotiating a settlement.
- Cavanagh case. Chapter 2 also discusses the impact of the decision in Cavanagh v. Cavanagh, 490 Mass. 398, 423-25 (2022), with regard to what constitutes "income" for purposes of calculating child support.
- Contribution; length of the marriage. See chapter 8 for a discussion of a 2022 case in which a spouse appealed from a judgment dividing the marital estate on a roughly equal basis, arguing that he was entitled to a greater share because of his parents' contributions to the marital estate.
- Life insurance. Life insurance. Chapter 7 contains updates on changes in the specific terms of term life insurance, whole life insurance policies, and related products.
- Vaughan affidavit. Chapter 8 cites a case where the seeking of a Vaughan affidavit or, in the alternative, a conversation with the client's benefactors, is warranted, as in the case where the trustee has a duty to inform only a qualified beneficiary as to the existence of a trust.
- Buy-out; home equity conversion mortgage. In chapter 10, some hypotheticals are offered to explain how one spouse can buy out the other's interest in the marital home where a home equity conversion mortgage is present.
We at MCLE trust that you will find this new information and updated content valuable in your divorce practice, and useful in keeping your law library current.
Cordially,
MCLE Press
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Update: May 2023
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Table of Contents
Table of Contents
expand allChapter 01 expandAn Introduction to Trial Advocacy
Buy ChapterChapter 02 expandPreparing for Civil Trial in Massachusetts
Buy ChapterChecklist 2.1
- Witness Preparation Checklist Buy FormChecklist 2.2
- Questions to Ask About the Judge Who Will Preside Over Your Upcoming Trial Buy FormChecklist 2.3
- Sample Objection Reference Sheet Buy FormExhibit 2A
- Sample Trial Budget Buy FormExhibit 2B
- Massachusetts Superior Court Seventh Amended Standing Order 1-88 (“Time Standards”) Buy FormExhibit 2C
- Sample Trial Task List and Schedule Buy FormExhibit 2D
- Sample Exhibit List Buy FormExhibit 2E
- Sample Order of Proof Chart Buy FormExhibit 2F
- Sample Motion for a View Buy FormExhibit 2G
- Sample Motion to Conclusively Establish Facts Based upon Judicial Admissions Buy FormExhibit 2H
- Sample Motion to Exclude Character Witnesses Buy FormExhibit 2I
- Sample Trial Memorandum on Leading Questions Buy FormExhibit 2J
- Bibliography Buy FormChapter 03 expandJury Selection
Buy ChapterChapter 04 expandOpening Statement
Buy ChapterChapter 05 expandIntroduction of Evidence
Buy ChapterChecklist 5.1
- Practical Suggestions for Organizing Your Presentation of Evidence Buy FormChapter 06 expandObjections
Buy ChapterChapter 07 expandDirect Examination
Buy ChapterChecklist 7.1
- Common Pretrial Issues in Criminal Cases Buy FormChecklist 7.2
- Rules for Witnesses Facing Cross-Examination Buy FormChecklist 7.3
- Preparing Your Witness for Trial Buy FormChecklist 7.4
- Common Objections and Issues in the Use of Digital Photography Buy FormChecklist 7.5
- Common Objections and Issues: Use of Video Buy FormChecklist 7.6
- Common Objections and Issues: Points of View in Computer Simulations Buy FormChecklist 7.7
- Common Objections and Issues: Illustrative Aids in General Buy FormExhibit 7A
- Proposed Model Jury Instructions on the Use of Technology and Social Media Buy FormExhibit 7B
- Sample Exhibit List Buy FormChapter 08 expandChapter 09 expandChapter 10 expandClosing Argument—Plaintiff’s Perspective
Buy ChapterExhibit 10A
- Closing Argument Excerpt: Sympathy Versus Justice Buy FormExhibit 10B
- Closing Argument Excerpt: Numerous Ways Injury Could Have Been Prevented Buy FormExhibit 10C
- Closing Argument Excerpt: Defendant’s Motive in Medical Negligence Case Buy FormExhibit 10D
- Closing Argument Excerpt: “Saving Something for Closing” Buy FormExhibit 10E
- Closing Argument Excerpt: Contradictions in Defense Theory Buy FormExhibit 10F
- Closing Argument Excerpt: Damages for Permanent Disability Buy FormExhibit 10G
- Closing Argument Excerpt: Damages in Death Case Buy FormExhibit 10H
- Closing Argument Excerpt: Defendants Blaming Each Other and Plaintiff Buy FormChapter 11 expandClosing Argument—Defendant’s Perspective
Buy ChapterChapter 12 expandTrial Motion Practice
Buy ChapterChapter 13 expandDamages—Plaintiff’s Perspective
Buy ChapterChapter 14 expandDamages—Defendant’s Perspective
Buy ChapterChecklist 14.1
- Checklist for Deposition of Plaintiff Buy FormExhibit 11A
- Examples of Closing Argument Buy FormExhibit 14A
- Letter, Application for Court Order, and Proposed Court Order Pursuant to Superior Court Rule 13 Buy FormExhibit 14B
- Notice Letter to Counsel and Keeper of Records Subpoena for Medical Records Buy FormExhibit 14C
- Notice Letter to Counsel and Keeper of Records Subpoena for Health Insurance Records Buy FormExhibit 14D
- Subpoena for 30(b)(6) Deposition of Plaintiff’s Employer Buy FormExhibit 14E
- Keeper of Records Subpoena to Workers’ Compensation Insurer Buy FormChapter 15 expandTrial Advocacy in Criminal Defense
Buy ChapterChecklist 15.1
- Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy FormChapter 16 expandMediation and Arbitration
Buy Chapter - Editors & Authors