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.…

Failure to Identify to a Police Officer: Laws and Penalties in Massachusetts

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…

209A and Harassment Orders – Extending a 209A Order in Massachusetts

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…

Understanding Residency Requirements for Filing for Divorce in Massachusetts

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…

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…

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…

What You Need to Know About Restricted Stock Units (RSUs) and Divorce 

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…

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…

Get the Facts About Parental Rights, Paternity Testing, and Child Support

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…

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…

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,…

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…

What are the benefits of choosing mediation over litigation in a divorce?

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…

Is it true that courts favor mothers in custody decisions?

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.…

My fiancé and I are not particularly wealthy, but we are established professionals. Would we benefit from a prenup?

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…

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…

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…

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…