Court orders are not suggestions but legal obligations. When one party fails to comply with court orders, it can lead to contempt of court proceedings. In Massachusetts, understanding the ramifications of contempt in family law cases is crucial. As experienced family law attorneys in Massachusetts, we aim to shed light on this complex issue, outlining…
Divorce can be a complex and emotionally challenging process, especially when a business is involved. For business owners in Massachusetts, protecting their business interests during divorce proceedings is paramount. Understanding the state’s laws and regulations regarding property division and asset protection is crucial for safeguarding the future of the business. Understanding Massachusetts Property Division Laws…
Navigating child custody matters can be a challenging journey for parents. In Massachusetts, as in many other states, child custody orders are not set in stone and can be modified under certain circumstances. Understanding the Initial Child Custody Order Before delving into modifications, it’s crucial to understand the dynamics of the initial child custody order.…
In Massachusetts, understanding the complexities surrounding assault and battery charges is crucial. In this comprehensive guide, we aim to shed light on the definitions, degrees, and potential defenses for assault and battery charges, including insights into domestic assault and battery cases. Understanding Assault and Battery: In Massachusetts, assault and battery are distinct but related offenses.…
Navigating the Complexities of Divorce Across State Lines If you’re seeking a divorce in Massachusetts but you or your spouse reside in another state, understanding the challenges of obtaining a divorce in a different jurisdiction is vital. Here are a few things you may consider when pursuing a divorce in Massachusetts while one spouse is…
What is a Gray Divorce Gray divorce refers to the dissolution of a marriage involving individuals typically aged 50 and older. These divorces often come after decades of marriage, making them distinct from divorces that occur earlier in life. Legal Considerations in Massachusetts If you have been married for 20+ years and contemplating divorce in…
In the state of Massachusetts, individuals are required to cooperate with law enforcement officers in certain situations, including identifying themselves when lawfully asked by a police officer. Failure to comply with this requirement may result in legal consequences. This article aims to shed light on the laws surrounding the failure to identify to a police…
The Bill of Rights refers to the first ten amendments to the United States Constitution. It was added to the Constitution shortly after its ratification in order to address concerns raised by the Anti-Federalists, who felt that the original Constitution did not sufficiently protect individual rights and liberties. The Bill of Rights was ratified on…
Divorce can be a challenging and emotional process, but having a solid understanding of the divorce laws in your state can help you navigate the legal complexities more effectively. If you are considering or going through a divorce in Massachusetts, this comprehensive guide will provide you with valuable information about the divorce laws specific to…
Drunk driving, or operating under the influence (OUI), is a serious crime in Massachusetts. The state has strict laws in place to deter individuals from driving while impaired, and the penalties for OUI are severe. Understanding the charges and consequences of OUI is essential for anyone who may face such charges in the state. In…
209A and Harassment Orders are protective orders issued by courts in Massachusetts to protect individuals from domestic abuse, harassment, and stalking. These orders are intended to provide a measure of safety and security for the person seeking protection, and they can include provisions such as restraining the abuser from contacting the protected person, or requiring…
Getting a divorce is a challenging experience, and the laws surrounding divorce can be overwhelming. One of the most crucial requirements for filing for divorce in Massachusetts is meeting the residency requirements. If you are contemplating a divorce and are unsure of the residency requirements in Massachusetts, read on to learn the essential information on…
Field sobriety tests are a common tool used by law enforcement officers to determine whether a driver is under the influence of alcohol. In Massachusetts, if you are pulled over on suspicion of drunk driving, you may be asked to perform a field sobriety test. While these tests can be useful in determining whether someone…
The Supreme Judicial Court’s recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts family court cases. The court’s decision, which was issued in June 2022, has revised the way in which income is considered when determining support payments, and has…
Assault is a serious crime that involves intentionally causing or attempting to cause harm to another person. When the assault is carried out with a weapon or causes serious bodily injury, it is known as aggravated assault. In Massachusetts, aggravated assault is a felony offense that carries severe penalties, including imprisonment, fines, and a criminal…
When it comes to dividing assets in a divorce case, the value of a small business can be one of the most challenging assets to appraise. In Massachusetts, the value of a small business is determined by the court based on a variety of factors including the income generated by the business, the assets of…
Divorce can be challenging. Even if both parties are on board, divorce is a significant life shift, and with that comes stress, uncertainty, and change. As your needs, priorities, and goals take on a new course, one thing you don’t want to overlook is your estate plan. Estate plans typically contain important documents regarding your…
Many people imagine that a marriage of short duration, say a year or less, is automatically eligible for an annulment. However, annulments are granted in only very specific circumstances, circumstances that have no relation to the length of the marriage. A marriage which a Massachusetts Family Court will annul is one that is either void…
Whether you are facing a divorce, requesting a change in custody, or updating your parenting plan, working with the other parent is typically in your child’s best interest. However, that may be easier said than done. When it comes down to creating a parenting schedule that works for all parties involved, there may need to…
When parents separate, agreeing on custody arrangements can be a stressful situation. In the eyes of the Massachusetts courts, a child’s best interest is always at the forefront of custody arrangements. While it’s generally presumed that it’s in a child’s interest to maintain a relationship with both parents, this isn’t always the case. A parent…
While marriage gives certain rights and benefits to a couple and their children—favorable tax filing status, hospital visitation rights, and more—the children of unmarried parents are not without legal protection and benefits. Regardless of parents’ marital status, children are entitled to both parents’ financial support. Establishing the paternity of a child born to unmarried parents…
Child Support Orders Are Not Set in Stone You have been consistent and timely in your child support payments. You follow the custody agreement down to the minute without fail. You did everything in your power to make the process of divorce as smooth as possible for your children emotionally and materially. But now you…
It may not be romantic, but every couple needs to talk about finances well in advance of heading down the aisle. These conversations can be hard: finances (and the attendant difficulty in communicating about them) are a major stressor in American marriages. Discussing each partner’s debts, liabilities, and assets before wedding bells ring can build…
Mistakes happen. Perhaps a drink at a bar was stronger than anticipated. Perhaps a new medication unexpectedly reduced one’s tolerance. Now, consequences may be much worse than a ticket. This article will review the possible charges you may face if someone is killed or injured as a result of an accident that occurred while you…
It is a common technique by law enforcement and prosecutors to offer someone accused of a crime immunity in exchange for their cooperation. This cooperation is usually defined as testifying in court as to the details of a crime in which they were involved. The goal of this technique is to exchange the conviction of…
As part of the divorce process, both parties are required to complete a financial disclosure. This ensures both parties have a complete picture regarding finances. The financial disclosure includes details about all assets and compensation, including and Restricted Stock Units (RSU) grants. Before understanding how RSUs are divided in a divorce, let’s review a few…
Under Massachusetts law, no one can be forced to own property against their will. It’s not uncommon for unmarried couples to purchase a home together. However, when couples decide to break up and only one party wants to sell the property, legal actions can be taken. When one party refuses to sell, the party wanting to opt-out…
There are two different types of criminal records; one is available to law enforcement, judges, and probation officers, the other is a public record anyone can access. Following a criminal case, sealing or expunging a criminal record can help preserve your future. CARI vs. CORI While the terms CARI and CORI are often used…
Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a…
It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can…
When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can…
When accused of a crime, many clients want to know what strategies are available to them for defending their case. Because criminal courts require that a judge or jury determine guilt beyond a reasonable doubt, it is up to the defense attorney to use a strategy that creates such doubt in a client’s criminal case.…
Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be…
Divorce, while never easy, does not have to be an ordeal. For couples who wish to amicably end their marriages, there are a number of processes available that do not involve a combative mindset and are designed to minimize conflict in favor of compromise. One of the most common processes that aim for a more…
Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent. The non-custodial parent may be required…
Each year, thousands of couples get divorced. Many of these cases end up in court where a judge decides how assets will be divided and where the children will live. However, each year many couples also resolve divorce issues by agreement thereby avoiding trial and lowering their attorney fees. Divorce agreements or separation agreements reduce conflict and couples who are able to come to an agreement are more satisfied with…
Divorce is never easy, and it gets more complicated when a couple begins a successful business after their marriage. There are very few people who divorce and are then able to manage working together on a daily basis. Therefore, dividing the value of the company amongst the parties is usually the end result in such situations. One…
Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing…
Divorce is always a painful process. Splitting assets for its cash value is often a difficult end to a relationship that did not work out. Emotions run high, even in an amicable divorce. Being prepared is the best way to ensure both parties receive their fair share of the marital assets and debts. Listing shared…
Child Support and Out-of-State Issues Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play…
Once a divorce is finalized, the documents are filed with the courts for record keeping and enforcement purposes. However, life is unpredictable and circumstances can change over time. In Massachusetts, if a court order or judgment no longer suits the parties because circumstances have changed in a significantly since the order or judgment was issued,…
As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed…
The decision to file for divorce is never easy. When the determination has been made, it’s essential to understand the process, which varies by state. To begin the divorce process in the Commonwealth of Massachusetts, here are a few things to consider. To file for divorce in Massachusetts, one of the following must apply: (1)…
Prenuptial agreements might have a bad reputation from tabloid accounts of celebrity divorces, but these important legal arrangements are for more than the rich and famous. Nor are prenuptial agreements a statement that a couple plans to divorce or otherwise wants an exit strategy. When done right, a prenuptial agreement can help a couple take…
When it comes to divorce in Massachusetts, everything related to finances must be fully disclosed. This includes every single asset, purchased together or otherwise, as well as all accumulated debts. Each spouse is instructed to report known findings through a financial (statement) affidavit. The financial statement is signed under the pains and penalties of perjury and is one…
The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents,…
Divorce, while never easy, does not have to be an acrimonious ordeal. For couples who wish to amicably end their marriages, there are a number of processes available that do not involve a combative mindset and are designed to minimize conflict in favor of compromise. One of the most common processes that aim for a…
Massachusetts marriages end for a variety of reasons including but not limited to finances, work and stress. No matter the reason for the legal dissolution of a marriage, the ensuing divorce proceedings can range from amicable to hostile. A number of circumstances may add additional stress to the divorce process. Particularly, marriages that end due…
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My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough? Practically, if this is a one-time, or two-time situation, a verbal agreement will suffice. If you…
When most of us think of divorce, we think of custody battles, endless legal filings, and costly court proceedings. The whole process of divorce can seem more daunting, and perhaps even more painful, than the emotional aspects of a marriage’s dissolution. But what if there was another way? Another, more humane, more gentle, less expensive…
I think my soon-to-be-ex-spouse is a bad influence on our children. How can AI get full custody? A judge will be unlikely to respond to the argument “My ex is a bad influence” or “My ex doesn’t know what is best for the children.” Judges hear these arguments all day, every day, during acrimonious custody…
While it remains a common belief that courts favor, or are even biased for, mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of labor within households.…
You and your fiancé would be wise to consider a prenuptial agreement, or “prenup” as it has come to be known. In fact, most, if not all, couples would benefit from a prenuptial agreement. Objections to getting a prenuptial agreement usually come in one of two categories. The first kind asserts that there is no…
WHAT TO DO IF YOU ARE STOPPED BY POLICE FOR ALLEGEDLY OPERATING UNDER THE INFLUENCE OF ALCOHOL When you are a motorist being stopped by a police officer it is common to be nervous and anxious and it is also common to want to cooperate with the officer’s instructions so that the unpleasant experience will…
Once a divorce is finalized, the documents are filed with the courts. However, life is unpredictable and circumstances can change over time. In Massachusetts, if an earlier court order or judgment no longer suits the parties because circumstances have changed in a significant way since the order or judgment was issued, the court can “modify”…
Massachusetts was a leader in its early recognition of same-sex marriages. Logic dictates that the Commonwealth will also have more experience with same-sex divorce and family law matters, including child custody and support issues in cases involving the dissolution of a same-sex marriage. Three Massachusetts cases do, in fact, reflect that experience. In a 2006…
Before you meet with an attorney to discuss your child custody situation, here are few pieces of information about child custody in Massachusetts that you’ll need to know in order to develop questions pertaining to your circumstances. Two primary forms of child custody in Massachusetts Physical custody determines where a child will live during certain…
It seems like everyone knows a story about false allegations during child custody and divorce. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and exclusive use of the family…
Most people enter the divorce process believing their soon to be ex-spouse is honest. However, this is not always the situation. The fact is dishonesty is a common reason for seeking a divorce. Even if you have no reason to suspect your spouse is hiding assets and misrepresenting their finances, it is prudent to vet…
If you and your spouse are thinking it is time for a separation, there are some factors you should consider in order to make sure this is not only the right step for your family but also done in accordance with the law. Before any decisions are made, it would be beneficial to consult with…
If you are the non-custodial parent, not being able to spend time with your child on a daily basis can be painful. Regular visitation should help but if the other parent is not cooperative or if you have not been granted visitation, you could be wondering what steps you need to take in order to…
Divorce is always a painful process. Splitting assets for its cash value is often a difficult end to a relationship that did not work out. Emotions run high, even in an amicable divorce. Being prepared is the best way to ensure both parties receive their fair share of the marital assets and debts. Listing shared…
Divorce is never easy, and it gets more complicated when a couple begins a successful business after their marriage. Massachusetts is an equitable distribution state which means the business equity is held marital in nature even if only one person does the work. There are very few people who divorce and then are able to…
When you’re going through the divorce process and managing the child support and custody issues, you’ll hear the term “best interests of the child.” Generally, the court will consider the new family lifestyle after a divorce and where the court feels the child will best be able to adapt to the new changes. It is…
Having the provisions of a judgment of divorce or modification modified under Massachusetts law is possible, based on the language of the Judgment and the circumstances bringing about the request for a modification. Before bringing your modification complaint to the court, you need to consult with an experienced divorce attorney. The first thing to realize…
In Massachusetts, several factors are used to determine child custody between two parents seeking divorce or between unmarried couples who cannot come to custody terms following separation. Massachusetts law recognizes four different types of custody: Sole legal custody Shared legal custody Sole physical custody Shared physical custody In the first and third statuses, only one…
Many couples start out in marriage with great hopes and expectations, only to end up in a relationship that unfortunately does not work. There are many steps in the divorce process in Massachusetts and just as many avenues to take depending on your situation. Here is a brief introduction to filing for divorce in Massachusetts…
Many people who receive a driving under the influence (DUI) or operating under the influence (OUI) charge, as it is known in Massachusetts, assume that the offense is relatively simple and thus believe they should represent themselves when the case comes to court. Each individual is entitled to do so. However, below are several facts…
In the event of a divorce, one parent may be ordered by the court to pay child support. Under Massachusetts law, both parents are required to support their children—and this is true regardless of marital status (whether the parents are married, divorced, separated, or were never married). The parent the child lives with is termed…
If you’ve been pulled over and charged with OUI in Massachusetts, there are three things about Massachusetts OUI/DUI laws that you’ll wish you’d known sooner. Let’s start with some definitions. OUI means “operating under the influence” of alcohol, while DUI means “driving under the influence” of alcohol. While many states refer to drunk driving arrests…
Making the decision to separate from your spouse is difficult and often occurs over a lengthy period of time. During that time, it’s common for spouses to begin living in separate households. If the partners have children, this raises many questions about where and with who the children should live. Massachusetts law has put in…
When the terms of your divorce no longer fit your present circumstances, petitioning for divorce modification can help alter the terms accordingly. In the state of Massachusetts, overturning a divorce decree requires an appeal. This process is often drawn-out because one appellate court will need to overturn a lower court’s decision. These appeals are usually…
Posted by Michael Franklin Massachusetts family law covers the divorce process, which begins when one of the spouses actually files a legal petition, or “complaint,” which advises the court he, or she, wishes to end the marriage, and this petition is “served” on the other spouse. Legal requirements for divorce in Massachusetts (MA) can be…
Posted by Michael Franklin Deciding to end a marriage is a difficult and stressful decision. But, the decision is only the first step in ending a marriage. Once you have decided that divorce is best for you and your spouse, the next step is finding an attorney. A law firm well-versed in Massachusetts law pertaining…
Posted by Michael Franklin – Limited Assistance Representation allows an attorney to assist a self-represented client with specific issues on a limited basis. This might include preparing or reviewing documents, appearing in court or giving legal advice, hence the term unbundled services. This type of limited representation, compensated or pro bono, permits the attorney to…
Posted by Michael Franklin – Separation agreements allow you to outline specifically in a divorce what you agree to. Specifically, separation agreements resolve issues such as custody, child support, parenting time, alimony, medical and dental insurance, property and debt division, taxes, and name changes. What you put in the agreement is specific to the situation…
Posted by Michael Franklin – With the many complications involved in divorce–both financial and the stress it places on the individuals involved–the last thing one needs to deal with is the suspicion that the opposing spouse is hiding assets or unreported income during the legal process of dividing marital assets and debts. It is in…
Posted by Michael Franklin – Massachusetts law allows step-parents to adopt their spouse’s child under certain circumstances through an independent adoption. The first step in the adoption process is to file a petition in probate court. If the non-custodial biological parent consents then the court will simply finalize the adoption if the step-parent is eligible…
Posted by Michael Franklin – Divorce can be a stressful time. When children are involved, the experience can be even harder. Figuring out where the child or children will live often transitions into disagreements and arguments, particularly if both parents want sole custody of the children or if one parent feels like he or she…
Posted by Michael Franklin – Harassment online is becoming increasingly common, however many people don’t realize there are laws to protect victims and prosecute the offenders. Massachusetts General Law states that anyone who conducts continuing malicious behavior specific to another person that results in substantial emotional distress and alarm is guilty of criminal harassment. This…
Posted by Michael Franklin Divorce agreements cover many details, including child custody, child support, property division, health insurance and many other specifics based on the details of a family’s life. The difficulty is that at the time a divorce agreement is ruled upon and issued, it’s impossible to foresee all future circumstances. Therefore, it’s often…
Posted by Michael Franklin Have you been suddenly charged with contempt in Massachusetts for not paying your child support that was ordered by the court after you and your spouse divorced? Perhaps it’s in reverse and you’re filing for contempt against your spouse for not doing what was required with a court order. Either way,…
Posted by Michael Franklin Divorce is rarely easy, and even less so when it comes to custody and visitation arrangements for children. In Massachusetts, the top priority of the courts is to determine arrangements that are “in the best interests of the child”, but that may not always be as straightforward as it seems. This…
Posted by Michael Franklin In the era of ubiquitous personal technology, it may seem that we have an unbridled right to use our smartphones to photograph or record anything and everything. We may particularly want to record the police to verify that they are serving and protecting the public and not violating individual rights. Be…
Posted by Michael Franklin Are you aware of Massachusetts “social hosting” laws? Social hosting refers to providing alcohol or other illegal substances to a minor that is not your own child on your property or in an environment you control. Especially during graduation time, some parents reason if they provide alcohol at a party at…
In the state of Massachusetts, domestic violence laws are designed to protect the following: people who are or have once been married individuals that have children together individuals that are related through marriage or by blood individuals who live together are have lived together, such as roommates The elements of the crime of Assault requires…
The issue of bullying has become a hot topic all over the U.S in recent years. Tragic events such as victim suicides and violent assaults have turned the spotlight on the debate of exactly when and how bullying becomes a criminal act. At the forefront of this debate is the increasing trend of cyber bullying…
By Michael Franklin Massachusetts Field Sobriety Tests are used by law enforcement officers to determine whether someone may be driving under the influence of alcohol or drugs. There are several tests that may be administered however three tests are commonly used: 1. Horizontal Gaze Nystagmus (HGN). The officer will ask the suspect to follow an…
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