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“Michael helped me conclude my alimony payments under Massachusetts alimony reform law. This new law isn’t yet well understood by the legal system and Michael explained my options to getting alimony concluded. We successfully negotiated an end to alimony without having to go to a costly trial. Michael has a professional and pleasant demeanor but…
“Thanks again to you and Deb for your great work in getting the alimony concluded. I appreciated how easy it was to reach both of you, your promptness in replying to all inquiries, and the final outcome.” Jeffrey R.
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…
Attorney Michael Franklin was quoted in the Worcester Telegram & Gazette regarding the topic of couples waiting until the New Year to file for divorce. Following is an excerpt from this article: By Craig S. Semon | Telegram & Gazette When it comes to divorce filings in January, Worcester attorney Michael Mayer Franklin has witnessed…
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…
Posted by Michael Franklin Attorney Michael Franklin represented a 44 year old man charged with OUI at trial in Worcester District Court. The client was charged with Operating A Motor Vehicle Under The Influence of Drugs, Illegal Possession of a Class B Drug and Illegal Possession of A Class C Drug. The client was operating…
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…
By Michael Franklin In Massachusetts, anyone who is no longer happy in their marriage can get a divorce for just about any reason. However, there are some cases where the marriage should not be legally recognized in the first place. In these situations, an annulment may be the best option. Understanding the annulment process in…
I represented a father who had to drive 1/1/2 hours each way to visit with his infant son born out of wedlock. The child’s mother claimed the child was too young for overnight visits and refused to divide the driving for pickups and drop offs for the child. Father was permitted two 3 hour unsupervised…
By Michael Franklin If you’re in Massachusetts and dealing with the prospect of a spouse not paying their child support payment, you may have to go through Child Support Enforcement. This is a service available through the state and within the Massachusetts State Department of Revenue. When you contact CSE about a spouse not paying…
I represented a husband in a 44 year marriage. Husband worked as an engineer and consultant for the Defense Department. Husband earned approximately $200,000.00 per year and wife had been unemployed since 2010. The marital estate was worth over $4,000,000.00. Wife took out 7 credit cards and ran them up to their limit of over…
Divorce is a challenging time for both spouses. So many factors involving the outcome can have lasting effects. Alimony is no exception. Alimony refers to a specified amount of money paid to one spouse as support by the other spouse during and after divorce. The purpose is to help the lower-earning spouse maintain a reasonable…
“Michael is my attorney and represented me in my divorce proceedings. He patiently explained Massachusetts Law to me. He also guided me through the whole process resulting in a divorce last fall. I recommend him to you if you are contemplating a divorce.” Eric, divorce case
For those looking to pursue divorce in the state of Massachusetts there are some requirements that must be taken into consideration. The legal process of divorce can be complicated. Therefore, it is in the best interest of each individual to consider hiring an attorney who focuses on divorce and family law, even if the divorce…
Massachusetts has enacted new child support guidelines as of August 1, 2013. Child support is often ordered in custody cases to ensure the child is properly cared for by both parents. The two issues are considered separately, though. Whether you are the person who is supposed to pay support or you are owed the support,…
By Michael Franklin As many business owners here in Massachusetts know, a marriage is not guaranteed to succeed. Some may last for decades before failing, others just a few years. But no matter how long the marriage existed, its demise can have a profound effect on a business – unless the business owner took steps…
By Michael Franklin One of the most common questions when going through a divorce is; how is spousal support determined? Spousal support also known as alimony can be difficult to understand. When you hear about divorces involving people who are rich and famous, alimony payments can be in the millions. However, what if you or…
By Michael Franklin A divorce can be extremely stressful both emotionally and financially. If you are going through a divorce knowing how the law applies to you may ease this stress. Here are important areas of divorce law for Massachusetts residents: Property Division Mass. Gen Laws Chapter 208 Section 34 governs property division for a…
By Michael Franklin The Massachusetts Alimony Reform Act was signed into law in 2011 and became effective a little over a year ago. This law brought about sweeping new changes in the way alimony is awarded in the state, and many orders issued prior to its enactment could be modified as a result. One of…
By Michael Franklin Our children are an integral part of our lives and keeping them safe is what parenting is all about. Parenting together after divorce presents new challenges to an already difficult process, but navigating painful emotions to maintain a united front is an essential part of the job. The bottom line is, kids feel…
Posted by Michael Franklin Client was a 19 year old college student home on a school break. He was found by the local police department in his parents’ pick up truck with 2 friends. The truck was parked in a neighborhood cul de sac at approximately 9:00pm in the evening. When the police requested the…
Posted by Michael Franklin Client was accused of trespassing and 2 counts of assault and battery in Worcester District Court. The client did have a criminal history/ probation record. He was residing in real estate that was under foreclosure. He actually paid rent to the landlord who in turn did not pay the mortgage secured…
“Attorney Michael Franklin recently represented me in court when another party was trying to get permanent guardianship of my child. He returned phones calls and emails very quickly. Michael was also very professional. He had less than an hour to help me prepare to testify and feel comfortable in any possible situations I might face.…
Posted by Michael Franklin Represented the husband in a divorce. The marriage was 6 years in length and was the second marriage for both parties. There were no children born from the marriage. However, wife had two college age sons from a previous marriage. The husband paid for the college tuition for his stepsons because…
Posted by Michael Franklin Additional Information: My daughter is charged with grand theft auto, first time offense in MA. She has no prior criminal record, and is bipolar and did not return a rental car. She is now living outside of her hometown of Worcester where a warrant was issued for grand theft auto by…
Posted by Michael Franklin Additional Information: I was charged and arrested for robbery in Shrewsbury, MA. Does the “victim” need to be present at trial? The state picked up charges but I’m wondering if the person alleging he was robbed has to come forward as a witness? If no, how can the state prove he was…
Posted by Michael Franklin Client was the father of a 2 year old child out of wedlock. The parties resided separately since March of 2012. Mother filed a Complaint for Support against client through the Department of Revenue. I filed a Counterclaim for Custody of the child claiming that the parties actually shared custody of…
Posted by Michael Franklin Additional Information: I am 23 years old and was caught shoplifting at sears. I signed papers, under $50. Police called but I was not arrested, no paper given from officer. This is my first offense. Do i still appear in court, or just pay civil demand? What happens next? You will…
Posted by Michael Franklin Additional Information: My ex-wife is denying me my holiday visitation this year. I’m a MA resident, living in West Boylston. Every other year I get the kids for their Christmas vacation. This year is “my” year and she’s already saying she is making other plans with them which is a clear…
Posted by Michael Franklin Additional Information: One of my kids will graduate from college in the spring. He says if he doesn’t get a job right out of school, he won’t be able to pay rent on his apartment in Shrewsbury. Of course, I’m going to try to help him as much as possible. My…
Posted by Michael Franklin Additional Information: My wife and I live in Greater Worcester area and I’ve recently been served a restraining order which does not permit me to have any contact with her. Is it a violation of the order to discuss matters with the protected party if others are present, like attorneys? Or…
Posted by Michael Franklin I represented the mother of a 7 year old child. The mother of the 7 year old left the child with her parents temporarily until a DCF investigation could be completed on the child and his father. The child had been touching his half brother inappropriately allegedly from behaviors he learned…
Posted by Michael Franklin Additional Information: There were two incidents about 2 weeks apart. My boyfriend hit me so hard I got a black eye and fracture in my cheekbone. Besides filing the reports with the police, how do I protect myself and my daughter? We rent an apartment in Worcester and I’ve notified my…
Posted by Michael Franklin Additional Information: My husband has left me and changed the passwords to our checking and savings accounts. The accounts are in his name only so I can’t even get another debit card. I am in a rented apartment in Westborough (lease under his name) and will not have enough money for…
Posted by Michael Franklin Additional Information: I left my husband 5 years ago and moved out of state (we were married and lived in Northborough, MA). When I moved, we just needed a break. Can we remain separated indefinitely or do we eventually have to divorce? ATTORNEY ANSWER: You may stay separated as long as…
Posted by Michael Franklin Additional Information: I was assaulted by a customer at my place of business and broke my jaw and nose. I have witness statements and video of the incident. By the time Spencer police arrived, the customer had already left the premises. Can I sue him for my medical bills and injuries?…
Posted by Michael Franklin Additional Information: Hello. My daughter has had a difficult school year. Her high school in Worcester has a bullying prevention and intervention plan but she continues to be bullied and cyber-bullied by other girls in her class. I’d like to address this so she can enjoy her summer. Is there some…
Posted by Michael Franklin Worcester District Court My client was charged with Assault and Battery for allegedly striking his wife in the face during an argument. Two alibi witnesses were subpoenaed for the day of trial at Worcester District Court and were ready to testify that on the date and during the time of the…
Additional Information: I am getting a divorce. My wife and I bought a home together in Leicester and she wants to keep the house. The only thing is I don’t think she can afford it, even with alimony. She thinks the new alimony law in MA will help her maintain the same lifestyle as during…
I represented the father of a 12 year old boy who was seeking shared physical custody of him with the boy’s mother. The child was born out of wedlock and the mother had obtained sole physical custody of the child through a Judgment of the Family Court in California in 2005. Since the entry of…
“Attorney Michael Franklin represented me when I sought custody of my teenage daughter. Her mother had physical custody of her for fourteen years and was her primary caretaker for that time. I had never been married to her mother. I knew this fight was going to be an uphill battle. I have dealt with several…
Additional Information: When I got married, I moved into my wife’s house in Grafton. We never added my name to the deed. We are now getting divorced and I want to keep the house. Do I have any rights to it? ATTORNEY ANSWER: Yes, any property real or personal acquired during the marriage, regardless of…
Worcester Probate and Family Court I represented the paternal aunt of 3 minor children seeking an emergency temporary guardianship of them. The father of the children was serving a jail sentence at the Worcester County House of Correction and the mother was a heroin addict. Mother would use heroin and left dirty needles, spoons and…
Worcester Probate and Family Court I represented the father of a 15 year old girl who was seeking physical custody of her. The Complaint for Custody was filed. The child was born out of wedlock and raised primarily by her mother. However, the father maintained a close relationship with his daughter and the daughter wanted…
Additional Information: Our 19 year old daughter was caught shoplifting a few weeks ago at a local drug store in Auburn. I was hoping the whole thing would go away as it was a $10 item, but we got a summons to appear for a hearing. Any recommendations on how to handle this? She has…
Worcester District Court The client was charged with Assault and Battery with a Dangerous Weapon. The victim claimed that my client took part in stabbing him at a local Worcester bar and restaurant. The victim positively identified my client as being at the scene and taking part in a melee involving several people resulting in…
Worcester District Court The client was charged with Aggravated Assault and Battery. The victim claimed that my client punched him in the jaw in a restroom of a local Worcester sports bar. He sustained a concussion and a broken jaw and could not eat solid food for 6 months. Medical records were admitted into evidence.…
Additional Information: My wife and I own our own home in Millbury and last Saturday at 10 AM I started power washing our house. My neighbor charged out of his house and started screaming profanities at me while on my property about how I always wake him up. The altercation didn’t get physical but at…
Additional Information: I have been married for two years and ready for divorce. We got married because I was pregnant with his child. We rent an apartment in Shrewsbury and I am a stay at home mom to our daughter. He has money in savings, I do not. With the new alimony law will I…
Additional Information: We are in the process of getting a divorce. We have been married nearly 10 years, living a modest lifestyle and have a mortgage free home in Edgemere. She has probably withdrawn over $200K from our accounts over the past year and I suspect has hidden the cash within her parents accounts. What…
Additional Information: My son just told me he was involved in a minor automobile accident in Northborough a few days ago. He said the other driver was yelling at him and and threatening to beat him so he left. He didn’t exchange info and he didn’t file a police report. Then yesterday one of his…
Additional Information: Hello. I was arrested in Worcester for gun possession without a firearm identification card. Now it seems like the federal prosecutor also wants to bring charges for the same thing based on the same arrest. What’s going on and what should I do? ATTORNEY ANSWER: Your use of the word “seems” is confusing.…
Additional Information: My ex-husband and I have been divorced for almost 6 years and he has been promoted so his income has changed. Furthermore, rent for our Paxton apartment has increased significantly. What is the process for a divorce modification for increased alimony and child support, and is it difficult? ATTORNEY ANSWER: This depends on…
Additional Information: When I got married, I moved into my wife’s house in Leicester. We are now getting divorced after 15 years of marriage. The house is only in her name, we never added my name to the deed. I’ve done all of the maintenance and improvements and want to keep the house. Do have…
Additional Information: I’ve was dating this guy for several months and he has been very respectful of me and kind to me. Then I found out he sometimes sells cocaine to friends and friends of friends in small amounts. He had asked me a couple of times to drive him to downtown Worcester to meet…
Additional Information: I was at an outdoor event in Worcester, and my bad luck, I’m holding a beer in a plastic cup and a cop walks by. He came over to ask me about it. Then he asked me what was in my pocket and then patted me down and found a knife that he…
Teen charged in connection with case By Mike Elfland and Gary V. Murray – Telegram & Gazette WORCESTER — Reversing an earlier determination, police say the man who died in a melee at City Hall Wednesday suffered a fatal gunshot wound. In the hours after the man’s death, police said the man appeared to have suffered…
Additional Information: We have been married for 8 months, and have a 10 month old daughter. I just found out that my husband has a criminal background and has been using a fake name since I have known him. What are the requirements for an annulment in MA? How should I proceed? I’d like sole…
Additional Information: My wife and I got divorced two years ago and I got sole custody of our 5 year-old son. She was put on probation for 5 years for hitting him and I’m not sure if she really wants to be part of his life or not. My question is if I put it…
Additional Information: I am 18 years old and was involved in a fight with a former friend who is 17. Now we’re both charged with assault but neither one of us wants to press charges. So, can we just tell the Auburn police that we don’t want to press charges so the case goes away?…
Additional Information: My wife and I are getting divorced. She took out a loan so she could attend a college in Worcester. She said she would use her degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her going to school. I suspect she really went…
Additional Information: My husband and I are getting divorced after a 7 year marriage. Can I stop him from getting a subpoena for my personal bank records for accounts that were opened as a single individual after we separated? Our Worcester home is in both our names, as are our bank accounts. ATTORNEY ANSWER: No,…
Facebook is playing a role in as many as a fifth of all divorces in the U.S., according to a study by the American Academy of Matrimonial Lawyers. Facebook can come up in a divorce case in several ways. One is that marriages sometimes end because people have affairs with people they met – or…
The ex-wife of an Air Force officer might not be able to share in an increase in the officer’s pension benefits that resulted from a promotion he received after the couple divorced, according to a New Jersey appeals court. The couple divorced when the husband was a captain. The divorce settlement gave the wife 50…
Additional Information: A couple of months ago I plead no contest to an assault charge and was placed on probation by the judge. Then last week I was involved in a fight at a bar in Shrewsbury, MA that wasn’t my fault at all and now I’m charged with another assault case. If I get…
A husband’s interest in a business partnership that produced a consistent stream of profits “counted” as marital property, and his wife can receive a share of his interest at divorce, the highest court in Massachusetts recently ruled. The husband was a partner in an investment advisory firm. Under the terms of the partnership, he received…
Additional Information: My 22-year old daughter hit a parked car at a strip mall in Worcester, MA. She doesn’t know if she caused damage to the parked car she hit. She left the parking lot without leaving her contact information and now she’s wondering what she should do. Can you please explain the law in…
A father’s child support obligations could be reduced by the amount of his Social Security Disability Insurance payments that went directly to his children, the Vermont Supreme Court recently decided. The father had been ordered to pay $326 a month in child support when he and his wife divorced. Soon afterward, he went to prison…
Generally, whatever assets and debts a couple accumulate during a marriage can be split between them at divorce. But what if a husband racks up an enormous amount of credit card debt without his wife knowing about it? Should she still be responsible for half the bill? In one recent case, the Kentucky Supreme Court…
Worcester Probate and Family Court Divorce Lawyer Michael Franklin Attorney Franklin represented the wife in a 6 year marriage. This was wife’s second marriage and husband’s first. Wife brought one child into the household from her first marriage and the parties had one child together. Husband owned the marital home prior to the marriage. The…
Worcester Probate and Family Court Divorce Attorney Michael Franklin Case Summary: Attorney Franklin represented husband in a 10 year marriage. It was husband’s first marriage and wife’s second. Wife brought two children into the household from the first marriage. No children were born from the marriage. Wife earned an average of approximately $121,000.00 per year. …
Additional Information: My wife and I live in Shrewsbury MA and are going through a divorce. I’ve financially supported her for 21 years of marriage. She was a stay at home mom for all but 1 year of our marriage. She just received an inheritance of over $200,000. Am I entitled to 50%? ATTORNEY ANSWER:…
Additional Information: I separated from husband in 2008 and moved to Westborough, MA from NY. How can I get divorce if we have no contact? We did not have any children from marriage but I do have a ten year old from previous. We parted on bad terms. I have no way of contacting this…
Additional Information: My nephew was involved in some sort of an altercation in Westboro, MA which he was allegedly trying to rob a man of his watch. The boy (he’s 19) has had drug problems and I assume this issue was in play. He used a bat to threaten the man and to take the…
Additional Information: I was arrested for hitting someone and also charged with resisting arrest by Shrewsbury PD. If I hire an attorney and he gets the battery charge dismissed will the resisting arrest charge automatically be dismissed, too? If the charge sticks, what’s the worst that can happen? Thank you. ATTORNEY ANSWER: No, because the…
Reform measure gains traction with leaders on Beacon Hill By Matt Pilon | Worcester Business Journal Article Marlborough business owner Stephen Hitner’s first marriage ended in divorce 12 years ago. Since that time, his court-ordered alimony payments have been so restrictive that he’s been forced to borrow from his second wife’s credit line to keep…
Additional Information: We got married and we realized quickly afterward that it was a mistake. In Massachusetts is there a waiting period before you can file papers for an uncontested divorce? ATTORNEY ANSWER: No, you may file for a divorce or an annulment after the marriage with no waiting period. It sounds like you may…
Additional Information: Seven years ago, while I was living in NJ, I was convicted of possession of a controlled substance. I’m in grad school now in Worcester, Massachusetts and was arrested on similar charges. I did some research and found that the possession law in Massachusetts has stiffer penalties for those convicted of a second…
Additional Information: My son was arrested on a drug possession case in Worcester and is awaiting trial. He has a court appointed lawyer but the lawyer hasn’t talked too much to my son about it and hasn’t advised him on what he should do. I read somewhere that a person can ask the judge to…
Additional Information: My ex and I have agreed to lowered payments and we have drawn up a new agreement which we both signed. The problem is that every time she gets angry she threatens to take me to court for back child support based on the previous amount in the divorce decree, reneging on our…
Additional Information: My wife and I have been separated for over a year. I am living with a new partner and considering starting my own business. Will she have any claim on the monies when we go through the divorce? ATTORNEY ANSWER: Any assets acquired during the marriage are subject to division regardless of separation.…
Additional Information: Our son, a freshman at a Worcester college, was recently arrested while carrying a small amount of cocaine. My wife and I are wondering if we should spend our money (which we can afford) to hire an attorney to defend him in this charge. Is it going to make any difference or will…
ATTORNEY ANSWER: An individual who possesses less than an ounce of marijuana will be deemed to have committed a civil, not a criminal, offense. This individual will be assessed a fine. No criminal conviction will occur.
Additional Information: We are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock? ATTORNEY ANSWER: A judge may order your husband to pay the…
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