TOMATO: FRUIT or VEGETABLE

Our society has developed a strong bond with domestic animals and primarily pets. Most every family, at some point, has a dog, cat, hamster, bird or even a delicate goldfish. The blossoming pet market has a dog or a cat in almost every household. The bond that then develops with a pet within a family is often as strong as a bond with a family member. Consequently, in the context of divorce, you might think that there would be some means by which the “custody” of the pet would be addressed. Pets had always been treated as personal property and subject to property division in a divorce. In a divorce case, there is a one-time division of personal property. This one-time division is not subject to further modifications. On the other hand, custody, as in child custody, is on-going and is always subject to actions for modification based on changed circumstances. The award of custody is also based upon a different standard, namely, the best interest of the child. The majority rule in the United States is that pets remain subject to division as personal property. As the court wrote in a Texas appeal “a dog, for all its admirable and unique qualities is not a human being and is not treated in the law as such. A dog is personal property, ownership of which is recognized under the law.” Arrington v. Arrington, 613 S.W. 2d 565,569 (1981) On the other hand, in a Virginia divorce case, the parties testified that the dog was “like a child” to each of them and the court awarded custody of the pet based upon how the husband “adopted” the dog and “bonded” with the dog. Conahan-Baltzelle v. Baltzelle, 2004 WL 1959486. Thus, you see the evolution of the courts moving closer to a best interest standard, like a child custody case. While no clear consensus has emerged and while there is no Massachusetts case directly on point allowing for parties to seek “custody” of a pet, the courts are beginning to move in that direction. What you should know is that as a party to a divorce, the parties have enormous control over the result. Consequently, it is highly likely that a court will still approve a divorce agreement that would have a shared custodial arrangement concerning a pet. The parties have it within their ability to specify a schedule, the responsibility for veterinarian and grooming expenses, as well as any other needs of the pet. I have had the experience of negotiating resolutions of disputes between parties concerning their beloved family pet. This is a much better way to handle the situational. Certainly, I wouldn’t advise you to hire a lawyer for your pet. Lawless and Lawless In-Depth Knowledge and Experience

In 1974, Massachusetts adopted its first reform of alimony, which was addressed in a later case of Rice v. Rice, 372 Mass. 398 (1977). The alimony statute and case law were significantly reformed in 2011 with the enactment of the Alimony Reform Act. This was the first major overhaul and detailed undertaking of the concept of alimony in Massachusetts. The statute includes several different forms of alimony; general term alimony, rehabilitative alimony, reimbursement alimony and transitional alimony. The statute provides for specific standards for determining income, the assessment of alimony, the duration of alimony, the termination of alimony as well as time factors in seeking modification of prior alimony orders. Not ever case is an alimony case. The determination of whether alimony is applicable to your case is the first question that needs to be assessed. General term alimony is directly tied to the length of the marriage and has an easily understandable formula for the determination of the alimony amount. The formula includes the calculation of the lower earning spouse’s income deducted from the higher earning spouse’s income divided by a variable of approximately one-third. Consequently, a spouse earning $100,000.00 a year, divorcing a spouse making $40,000.00 a year, would pay an annual alimony of approximately $20,000.00. As with most legal concepts, alimony has its complexities. For example, what happens when one of the parties cohabitates or there is a dramatic increase or decrease in one of the parties income? The general term alimony is subject to suspension, reduction or termination upon the cohabitation of a former spouse with an individual maintaining a common household for a continuous period of at least three months. The statute also addresses the concept of a presumption for terminating all alimony upon the pay or attaining the full retirement age (typically defined as a person’s retirement age set by social security). It is clear that the Alimony Reform Act is complex and requires the assistance of an experienced lawyer with a strong knowledge and understanding of all of its intricacies.

Courtroom litigation is expensive. Consequently, the concept of alternative dispute resolution (ADR) has developed over the years. Clients are looking for a more efficient and less costly manner in which to settle their disputes. People often ask what is the difference between mediation, conciliation and arbitration. The odd duck out is arbitration. Arbitration is essentially hiring an individual to act as a judge in deciding all of the issues related to your case. Arbitration is typically binding and an appeal of the decision is limited. This is used for the purpose of getting a faster more efficient decision in your case. Mediation and conciliation are more closely related. Mediation is a process of resolving issues between parties using a third-party mediator to assist them at arriving at an agreement. Typically, the parties agree on choosing the mediator. The mediator typically meets with the parties together and separately for a better understanding of the dynamics involved in order to allow the parties themselves to come to a common point of resolution. This does not always mean that the actual mid point is found, but rather a place somewhere between each of the parties starting position. Conciliation on the other hand is a method of dispute resolution that involves a third-party acting as a conciliator. Many times the conciliator is appointed rather than selected by the parties. A conciliator is given more authority to persuade or push the parties toward an agreement. Often, a conciliator will intervene and provide probable solutions to the parties. For example, predicting how a particular judge might rule on a certain matter for the purpose of persuading the parties to move to agreement. As you consider alternatives to a courtroom battle, take into consideration whether you think any of these three methodologies could be utilized for the resolution of your dispute. It is still advisable that you have an attorney whether you choose mediation, conciliation or arbitration.