Understanding Restraining Orders in Massachusetts Restraining orders are serious court orders that restrict one person’s ability to contact or come near another. In Massachusetts, there are two main types: 209A Abuse Prevention Orders and 258E Harassment Prevention Orders. While both serve to protect individuals, they are used in different circumstances and carry different legal standards.…
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When parents are not married and the father’s name is not on the birth certificate, questions often arise about parental rights, especially regarding relocation. In Massachusetts, family law governs these matters carefully to balance the rights of both parents and protect the best interests of the child. One common and complex question is whether a…
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If you refuse a breath or blood test during a suspected drunk driving arrest in Massachusetts, you may assume that prosecutors cannot use chemical evidence against you. But a recent Massachusetts high‑court ruling confirms that prosecutors can still use hospital blood work and calculated BAC estimates—even without your consent. What the Law Requires: Consent for…
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Family law orders such as child custody, child support, and alimony are based on the circumstances at the time the order was issued. But life rarely stays the same. When material changes occur—such as a job loss, relocation, or changes in a child’s needs—it may be possible to seek a legal modification to an existing…
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Getting arrested is an overwhelming and frightening experience, whether it’s your first time or you’ve faced charges before. In Massachusetts, the legal system moves quickly—especially in the hours and days after an arrest. What you do next can have a lasting impact on your case, your record, and your future. Understanding your rights and taking…
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Criminal harassment is a serious offense in Massachusetts that can have lasting legal, personal, and professional consequences. Often arising from repeated and unwanted contact or conduct, criminal harassment is distinct from other offenses like stalking or civil harassment, and it can lead to both misdemeanor and felony charges depending on the circumstances. Understanding what constitutes…
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For many spouses, especially those who have spent years managing the household or raising children, the idea of divorce can be overwhelming—not just emotionally, but financially. If you do not have a steady paycheck or control over household finances, the thought of separating from your spouse may come with a fear of being “cut off”…
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Divorce among couples over the age of 50—often referred to as “gray divorce” or “empty nester divorce”—has become increasingly common in recent years. In Massachusetts, many long-married couples are choosing to separate after their children have grown and moved out. Without the shared responsibilities of parenting, some spouses realize their goals, values, and visions for…
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Being served with divorce papers can be an emotionally jarring experience. Whether expected or not, receiving official notice of a spouse’s intent to file for divorce marks the beginning of a legal process that can significantly impact your future. In Massachusetts, the act of “being served” is a formal and necessary part of initiating a…
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Larceny is one of the most commonly charged theft-related crimes in Massachusetts. While the term may sound broad, it has a specific legal definition and encompasses a variety of offenses. Whether the alleged offense involves shoplifting, embezzlement, or stealing property, a larceny charge can carry serious legal consequences. This article provides an overview of how…
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Raising a child is a significant financial responsibility, and when parents are not married, it is important to understand their legal rights and obligations regarding child support. In Massachusetts, both parents are legally required to support their child, regardless of their marital status. Whether the parents were in a long-term relationship that has since ended or…
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Alimony, or spousal support, is a financial arrangement ordered by the court to support a lower-earning spouse following a divorce. While alimony agreements are binding, they are not always permanent. Changes in circumstances can warrant revisiting the terms. This article explores when and how alimony can be modified in Massachusetts, the legal requirements for doing…
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Operating Under the Influence (OUI) is a serious offense in Massachusetts that can lead to significant legal consequences, including license suspension, fines, and even jail time. Understanding your rights during a traffic stop and the defenses available if charged with OUI is critical to protecting yourself. We discuss what to expect during an OUI traffic…
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Co-parenting after divorce is crucial for a child’s stability and well-being, with Massachusetts law providing guidelines to support healthy family dynamics. Court orders related to co-parenting define each parent’s rights and responsibilities, ensuring both contribute to the child’s upbringing even after separation. These legal measures aim to foster collaboration, reduce conflict, and help parents prioritize…
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Operating Under the Influence (OUI), commonly known as DUI in other states, is a serious offense in Massachusetts with severe legal consequences. An OUI charge can impact one’s freedom, financial stability, and even employment prospects. Understanding Massachusetts OUI laws, potential penalties, and available defenses can help individuals protect their rights and make informed decisions if…
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Being accused of a crime is a serious and stressful experience, but understanding your legal rights under Massachusetts law can make a significant difference in the outcome of your case. The justice system provides protections to ensure fair treatment and prevent wrongful convictions. This article explores the fundamental rights of the accused and how to…
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Domestic violence is a pervasive issue that affects individuals and families across Massachusetts. To protect victims and ensure their safety, the state provides various legal remedies and resources. Understanding these protections is critical for those seeking to escape abusive situations and for individuals navigating related family law matters. This article explores key legal protections, including abuse prevention…
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Child support enforcement is a crucial issue for parents who depend on these payments to provide for their children. In Massachusetts, both parents are legally obligated to contribute to the financial well-being of their child, even after a divorce or separation. When one parent fails to meet their obligations, it can create financial strain and…
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In Massachusetts, facing charges of domestic assault and battery can have profound legal and personal implications. Recognizing the seriousness of these accusations and the specifics of Massachusetts law is crucial for anyone accused or researching this sensitive subject. This article provides an overview of what domestic assault and battery entail under state law, the potential…
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In Massachusetts, co-parenting arrangements are established to ensure that both parents remain active and engaged in their children’s lives post-divorce. Understanding the legal responsibilities and court orders related to co-parenting is crucial for parents to create a stable environment for their children. Legal Framework for Co-Parenting In Massachusetts, co-parenting arrangements are typically outlined in a…
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Drug offenses in Massachusetts carry serious legal consequences that can significantly impact an individual’s life. As experienced criminal defense lawyers, we understand the complexities of drug-related charges and the importance of a robust defense strategy. In this article, we will explore the legal implications of drug possession, distribution, and trafficking under Massachusetts law, provide examples…
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Co-parenting after a divorce or separation can be challenging, but with the right approach and understanding of Massachusetts laws, it can be managed effectively. As family law attorneys, we are committed to helping parents navigate this complex terrain. In this article, we provide essential tips and legal insights on co-parenting in Massachusetts, discuss common challenges,…
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Driving under the influence of alcohol is a serious offense in Massachusetts, known legally as Operating Under the Influence (OUI). As experienced criminal defense attorneys representing individuals charged with OUI in Massachusetts, our firm educates the public on the laws, penalties, and defensive tactics to protect their rights. Understanding these aspects can help individuals navigate…
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Divorce is a life-altering event, particularly for stay-at-home mothers who have dedicated decades to raising their children and managing the household. After 20+ years of marriage, the prospect of starting over can be overwhelming. Common questions often arise: Where do I start? Do I need a lawyer? Do I need to move out of the…
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Operating Under the Influence, commonly known as OUI, is a serious criminal offense in Massachusetts. It refers to the act of operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that one’s ability to safely operate the vehicle is impaired. In Massachusetts, the legal limit…
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When it comes to safeguarding assets and interests in marriage, prenuptial and postnuptial agreements are invaluable tools. Understanding the significance of these agreements in protecting financial security and peace of mind is crucial. Prenuptial Agreements: Anticipating the Future Prenuptial agreements, commonly known as prenups, are legal contracts entered into by couples before marriage, outlining the…
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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…
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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…
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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.…
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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.…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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.…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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,…
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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…
DetailsThe 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)…
DetailsPrenuptial 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…
DetailsWhen 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…
DetailsThe 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,…
DetailsDivorce, 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…
DetailsMassachusetts 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…
DetailsClick to view NBC Boston News coverage of Attorney Michael Franklin representing suspect at arraignment who made threats at the Auburn Mall.
Attorney Michael Franklin comments on pilot program for Worcester Police wearing body cameras.
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…
DetailsWHAT 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…
DetailsOnce 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”…
DetailsMassachusetts 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…
DetailsBefore 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…
DetailsIt 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…
DetailsMost 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…
DetailsIf 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…
DetailsIf 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…
DetailsDivorce 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…
DetailsDivorce 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…
DetailsWhen 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…
DetailsHaving 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…
DetailsIn 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…
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