Protecting Your Business in Divorce: Strategies for Business Owners in Massachusetts

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…

Details

Assault and Battery Defense: Your Comprehensive Guide to Massachusetts Law

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.…

Details

What is the Bill of Rights?

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…

Details

The Consequence of OUI in Massachusetts

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…

Details

Aggravated Assault in Massachusetts: Definition, Types, Penalties, and the Importance of Hiring a Criminal Defense Attorney

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…

Details

Estate Planning Checklist For Divorce

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…

Details

The Ins and Outs of Sole Custody

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…

Details

How, When, and Why to Establish Paternity for the Child of Unmarried Parents

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…

Details

Prenups: As Essential to Wedding Prep as Cake and Catering

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…

Details

You Can Legally Hide Your Criminal Record

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…

Details

The Massachusetts Criminal Arraignment Process

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…

Details

Get a Grip on Legal Jargon: Divorce Terms Explained

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…

Details

Criminal Law Defense Strategies

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.…

Details

Differences Between a Criminal Case and a Civil 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…

Details

Understanding Child Support in Massachusetts

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…

Details

What is mediation and is it right for you?

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…

Details

Divorce Mediation For Small Business Owners

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…

Details

How to Land on Your Feet After Divorce

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…

Details

Preparing For Divorce Mediation

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…

Details

Out of State Child Support Modification

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…

Details

Divorce Modification in Massachusetts

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,…

Details

Prenuptial Agreements: What They Are And Who Needs One

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…

Details

Don’t Fall Victim to Hidden Assets During Divorce

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…

Details

Holiday Custody

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,…

Details

Child Custody in the Face of Infidelity

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…

Details

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?

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…

Details

Worcester OUI DUI Defense Attorney

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…

Details

Massachusetts Divorce Modification

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”…

Details

Child Custody Issues in Same-Sex Divorces

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…

Details

Child Custody in Massachusetts

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…

Details

Ways to Discover Hidden Assets

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…

Details

Preparing For Divorce Mediation

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…

Details

Divorce Mediation For Small Business Owners

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…

Details

Divorce Agreement Modification

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…

Details

How Child Custody Is Determined Under Massachusetts Law

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…

Details

Worcester Family Court – Child Support Case

In a recent Divorce Action at a Motion Hearing For Temporary Orders, I represented the husband. The wife sought child support for the parties two (2) children. In addition, wife sought the husband to pay all of one child’s tuition at Providence College for the remaining semester as well as alimony. The Husband was a…

Details

An Intro To Filing For Divorce In Massachusetts

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…

Details

Massachusetts OUI Self Representation

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…

Details

Child Support in Massachusetts

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…

Details

Three things about OUI/DUI you wish you had known sooner

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…

Details

Who Has Child Custody When Parents Are Separated

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…

Details

Divorce Modifications in the State of Massachusetts

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…

Details

The Divorce Process in Massachusetts

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…

Details

How To Get Started With Your Divorce

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…

Details

Limited Assistance in Massachusetts

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…

Details

Separation Agreements

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…

Details

Using a Forensic Accountant for Your Divorce

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…

Details

Step-Parent Adoption in Massachusetts

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…

Details

Child Custody and Visitation in Massachusetts

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…

Details

Massachusetts Law Used to Prosecute Online Harassment

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…

Details

No January thaw for couples getting divorced

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…

Details

Massachusetts Law Regarding Divorce Modification

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…

Details

Child Custody and Visitation Laws

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…

Details

Domestic Violence Laws in Massachusetts

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…

Details

Massachusetts Police and Field Sobriety Tests

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…

Details

The Annulment Process in Massachusetts

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…

Details

Massachusetts Divorce Laws and Requirements

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…

Details