Are your rights justly represented?

If you have been charged with a crime, you want to ensure that you are receiving a fair trial and that your rights are justly represented.  Thus, it will be very valuable to hire a good criminal defense attorney.

A criminal defense attorney can help to make sure that you receive the most optimal outcome possible, since after all, a criminal record can greatly affect your life.  It is important to consult a criminal defense lawyer, as this individual understands the court system and can explain the charges filed and how to best defend these charges.

So, when looking for a criminal defense attorney, it is very important to choose an attorney who can effectively handle your case.

Read this advice from Findlaw.com to learn more about how to pick a criminal defense attorney:

What to Look for in a Criminal Defense Lawyer

Criminal defense attorneys handle a variety of criminal cases, including felonies, misdemeanors, drug charges, white collar crimes, and many other state and federal crimes. When looking for a criminal defense lawyer, you’ll want to find the best one for your case. As such, you should concentrate on the lawyer’s expertise, skill level, and knowledge.

A good criminal defense lawyer may help (1) reduce your criminal charge to a lesser offense (for example, reduce a felony to a misdemeanor); (2) lessen the severity of the punishment for the crime; and (3) reduce or eliminate jail time (via probation, for example); and (4) help you develop a sound defense strategy.

Also, because of the nature of what’s at stake, it’s important that the attorney you hire has the necessary skill level needed to defend the case, and is the one who actually conducts most of the work. For instance, you may need someone familiar with crime scene investigations, witness/victim/police interviewing, and/or extensive knowledge of polygraphs, sketches, photographs, and video.

Finally, because criminal laws and penalties vary by state, it’s important that the attorney have experience with the state and local rules of court.

Remember, if you have been charged with a crime, you want to make sure that you consult an experienced criminal defense attorney.

If you have additional questions in regard to criminal law, read our blog post about criminal defense law and contact our criminal defense attorneys at Revelli & Revelli today.  Our attorneys at Revelli & Revelli are criminal defense attorneys armed with the knowledge and experience to help you.

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Divorce Mediation vs Divorce Litigation

If you have recently filed for divorce or are thinking about doing so, it is very important to understand the difference  between divorce mediation and divorce litigation.  Whether you choose to litigate your divorce or mediate your divorce, the bottom line is you must pick the divorce option that works best for you and your partner.

Though most people are most familiar with divorce litigation, both litigation and mediation are viable divorce options.  Litigation refers to a divorce process that is carried out through the court in which one spouse initiates the legal dispute.  In turn, mediation is a different approach to a divorce that uses a neutral third party to negotiate a settlement for both parties involved.

Read this great blog post we found in order to better understand the pros and cons pertaining to divorce mediation and divorce litigation:

Mediation - using the services of a neutral, third party whose purpose is to help both spouses reach an agreement to the terms of their divorce.

Pros

• Mediation is a good alternative if you are trying to save money during the divorce process.
• The mediation process can move along more quickly than with litigation.
• You have more control over the outcome of the decisions made during mediation than you do in a courtroom.
• You have an opportunity to reach more creative solutions to problems than you would in a courtroom. You also have the ability to walk away if both parties cannot come to an agreement.

Cons

• Both parties have to agree to all terms and conditions for the case to end.
• If an agreement cannot be made you cannot get back any time or money you spent on mediation and will have to go through litigation.
• It is possible to get an inexperienced mediator that may negatively affect the outcome of mediation.

Know your divorce options and be sure to pick the path that will lead you to a fair settlement.

Should you need help determining what divorce option works best, contact us at Revelli & Revelli.  Our divorce lawyers are dedicated to helping you through your divorce.

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Do you understand Child Support?

Do you have questions about child support?

Are you wondering how child support is paid?  Well, keep on reading!  In the case of a divorce, child support is generally mandatory.  There are child support laws in every state in the United States.

Why is child support so important?  Take a look at what the Commonwealth of Massachusetts has to say about the goals of child support:

1)  To minimize the economic impact on the child of family breakup;

2)  To encourage joint parental responsibility for child support in proportion to, or as a percentage of income;

3)  To provide the standard of living the child would have enjoyed had the family been intact;

4)  To meet the child’s survival needs in the first instance, but to the extent either parent enjoys a higher standard of living to entitle the child to enjoy that higher standard;

5)  To protect a subsistence level of income of parents at the low end of the income range whether or not they are on public assistance;

6)  To take into account the non-monetary contributions of both the custodial and non-custodial parents;

7)  To minimize problems of proof for the parties and of administration for the courts; and to allow for orders and wage assignments that can be adjusted as income increases or decreases.

There are three main ways in which child support can be paid.  It is important to understand your options and to choose the method of paying child support that works best for you and your family.

Child support payments can be handled directly amongst spouses; you can use the wage garnishment option or your child-enforcement agency can coordinate child support payments.  Read this post from divorce magazine to ensure that you fully understand the pros and cons to each child support payment option.

Spouse to Spouse

One parent can directly pay the other by cash, check, or money order. This person-to-person method is simple and does not require waiting for any processing time by the state. The receiving parent must keep records and track the payments. Enforcement is more difficult and is not as automatic.

Wage Garnishment

Child support is deducted from the paying spouse’s paycheck and sent either to the receiving spouse or to the state Child Support Enforcement Agency. Garnishment requires an extra step of formally notifying the paying parent’s employer and setting a court date for the garnishment order. The parent receiving the support must handle all of the paperwork. The employer is legally obligated to withhold the support from the paycheck. The advantage of this method is that payment is made automatically. There are several disadvantages. First of all, the paying parent is likely to find it embarrassing, which might escalate hostilities between you. Second, there are limits to how much can be garnished from wages, so you may not be able to get the entire support amount this way. If your spouse is self-employed, you cannot garnish the wages. You also cannot prevent the paying spouse from quitting his job, which then puts you in the position of having to do more legwork to find the new employer and garnish again.

Child-Enforcement Agency

The third option is to have your state child-enforcement agency collect all child support. You can agree to send payment through this organization from the beginning or at any point while child support is being paid. This is also the agency that will assist you in collecting unpaid child support. The advantage of this method is that the receiving parent doesn’t have to do any legwork or keep any records and the parents don’t need to have any contact with each other about child support (which can be helpful if you’re prone to disagreements about this). Payments are automatically increased with the cost of living. The disadvantage is that the agency may take a small percentage of the payment as an administrative fee. The paying spouse may not appreciate this method, as there is absolutely no slack given for late or missed payments. Another disadvantage is that you’re dealing with a government agency, so there is likely to be red tape and backlogs.

Clearly, there are different ways to pay for child support.   Each child support payment option has strong points and negative points.  The bottom line is that you must choose which child support payment option is right for you AND your family.

If you have questions regarding child support, contact us at Revelli & Revelli today.  Our professional child support attorneys are armed with the experience and knowledge to help you and your family through this difficult time.

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Do you need to contact a car accident lawyer?

Unfortunately, car accidents are a daily occurrence in the United States.   That being said, before you get into your car, you should be prepared to take the right steps in the case that you are involved in an accident.

If you are involved in an accident, chances are you may need to hire a car accident lawyer. However, minor accidents such as fender benders or accidents that yield a damage cost less than $500 generally do not require a car accident lawyer.

When you should hire a Car Accident Lawyer:

If you have been involved in an accident with large damages, if you have suffered injury or if you received little compensation, contact a car accident attorney! It is worth it.

We found this great blog post regarding instances in which you should contact a car accident attorney:

It would be prudent to at least seek advice from an auto accident attorney when:

• Liability is not clear or is shared between or among the parties.
• You have no idea how to evaluate your claim.
• The adjuster has asked you to provide medical records from prior to the accident.
• The adjuster has made you an offer and you think your claim is worth a great deal more.
• The adjuster is offering a structured settlement rather than a lump sum payment.
• You are not confident in your ability to negotiate a settlement on your own behalf.
• You have a claim of lost wages that is difficult to prove—for example, you are a consultant, a business owner, a sales person, etc.

It is imperative that you consult an auto accident attorney when:

• There are extenuating circumstances that make your claim more valuable and you don’t know how to prove your loss (for example, you’re a caregiver and can no longer take care of your husband or sick mother).
• The insurance company has denied your claim, you believe they are incorrect in their denial, and they will not reconsider.
• You are seriously injured with significant medical bills with or without residual disability.
• You are moderately injured with residual disability and will incur future medical bills.
• The injured party is a minor with more than slight injuries.
• Liability is being disputed and you believe you are not responsible or are only partially responsible for the accident.
• It’s been almost a year since your accident, you’re not close to settling your claim, and you don’t know what the statute of limitations is in your state.
• The circumstances surrounding the accident are complex and may require expert investigation.
• The other party to the accident has served you with a lawsuit.

Why You Should Hire a Car Accident Lawyer

A car accident attorney will help you compensate for any kind of losses that are not easily handled by your insurer.  This may include medical costs, car damage etc.  It is vital that you contact a car accident lawyer right away.  A car accident lawyer knows the insurance industry and is prepared to help you recover losses.

How to Hire a Good Car Accident Lawyer:

You have just suffered a traumatizing event.  You need a car accident lawyer who will help you through the process after the accident.  It is important to hire a car accident lawyer that you can trust.  Conduct a brief background check to ensure that the car accident lawyer you choose has plenty of experience and knowledge in the industry.

Let a professional auto accident attorney help you if you have been involved in a car crash.  If you have questions, contact the car accident attorneys at Revelli & Revelli.

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Yes, the holiday named after Saint Valentine will be here in a few weeks and lovers will celebrate and express their love for one another with a box of chocolates, a card, a bouquet of flowers or perhaps a romantic dinner.  On February 14^th, many recently divorced ladies and gentleman who do not wake up to a love note signed “your valentine,” may find this entire day dedicated to the lovers a bit distressing.  Well, just because you are divorced or are currently going through a divorce, you shouldn’t find Valentine’s Day upsetting.

Valentine’s Day is not a day for only the couples.  Valentine’s Day is just as worthy of celebration if you are divorced and single.  After all, Valentine’s Day is a day of love.  So, for all you divorced individuals, spread this love amongst those you love.

Make Valentine’s Day Cards with your children or play fetch with your dog for an extra hour.  If you are an avid reader and love to spend time curled up on the couch with a good novel, then do just that on February 14^th!  Do activities you love on Valentines Day.  You can fill Valentine’s Day with L.O.V.E.  even if you are divorced!

Valentine’s Day does not need to be a day of hate for the recently divorced.  There are many things that you can do to prevent the negative feelings and celebrate Valentine’s Day in your own special way.  And by “your own,” we truly mean it!  Why not use this day to pamper yourself so you can relax and throw all negative stigma associated with divorce down the drain!

We found this great article on Blogs on Divorce, which offers up five easy tips for a Happy Valentine’s Day!  Below we highlighted the advice to help you recently divorced individuals:

Tip 1: Accept that divorce means your life has changed. There are many words to describe the experience of divorce — and not all of them are fit for publication! Without question, divorce can be emotionally overwhelming, financially terrifying, and psychologically traumatic. Despite all of this, the most important tip for you to move on with your life — domestically, romantically and in all other ways — is to accept that your life has changed. A great deal of sadness and anger may accompany this acceptance, but this can be cathartic instead of crushing. With change comes the opportunity for growth and renewal, and for better days ahead; including Valentine’s Day.

Tip #2: Learn from the experience. I know from personal experience that divorce takes a lot away from you — it takes your physical health, your emotional health, your money, your time, and sometimes even your self-respect and dignity and for some, their children and the love of their life. However, divorce can also give something incredibly valuable: knowledge that you can use to learn from the experience. Even if you believe that your spouse is 99% at fault for the break-up (which is unlikely, by the way), you can still learn from how you dealt with it — both positively and negatively. Use this knowledge to improve and grow, so that your future relationships are better — and you look forward to Valentine’s Day, instead of past it.

Tip #3: Get back in the game…eventually. After divorce, it’s a good idea to give yourself the time you need to heal your wounds, care for your kids, recreate your new financial life, restore your health, and focus on other key priorities before re-entering the dating scene. However, that doesn’t mean you should swear off dating forever. You can’t wait until you feel 100% safe and secure again before you dip a toe in the dating waters, because that absolute certainly will never come — and you’ll stand on the edge of the pool forever! Consider becoming a member of a credible dating service (including ones that cater specifically to divorced people, join a support group with other divorced people, or read books written by qualified experts who can give you the support you need to get back in the game.

Tip #4: Consider outside assistance to help you move forward. After divorce, friends and family can sometimes offer a helpful shoulder to lean on. But if you find that Valentine’s Day and all of the talk and imagery about romance, relationships and cupid-inspired love floods you with unbearable or undesirable emotions, then it may be time to talk with a therapist. Choose one who specializes in helping divorced people recreate their life after divorce. There are also plenty of personal empowerment courses available.

Tip #5: Love yourself and your new single identity. No, this tip isn’t a mistake. There’s absolutely nothing wrong with being single, and simply deciding that you want to enjoy and experience the single life for a change. Yes, other people will (unfortunately) keep asking you “if you’re dating again.” Don’t get mad at them — they mean well! And frankly, you won’t get mad at them if you embrace your new single identity and say to yourself: “I love myself, I embrace my new single identity, and I’m going to have some fun with this for a while!” If that “while” turns into months, years or decades that’s perfectly fine — as long as it’s something you’ve embraced.

Follow these words of wisdom and you will enjoy your Valentine’s Day, even if you are divorced!  Believe it or not, being single on this day can be fun.  You will soon realize that being divorced is not the end of the world and being single on Valentine’s Day can be great!

The divorce attorneys at Revelli & Revelli are dedicated to helping you.  Do not be troubled by the legal aspects of your divorce on Valentine’s Day.  Leave that to the professionals.  If you are going through a divorce, contact us today.

Happy Valentine’s Day and cheers to being single!

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Be Prepared for a Car Accident

According to the CDC, an estimated 2.3 million adult motor vehicle occupants had non-fatal injuries in emergency departments in 2009.

In order to be prepared for a car accident keep your insurance information and a pen and paper in your car. Remember, it is illegal to drive without proof of insurance. If your cell phone doesn’t have a camera, or if takes low quality pictures, you may also want to keep a disposable camera in your car in order to take pictures of the damages.

This great article from cars.com has a comprehensive guide to what to do after a car accident. Follow these seven steps to maintain your safety and have enough information to give your insurance company, and possibly even a car accident lawyer.

Get Off the Road

Before you start gathering information from the other driver after a crash, it’s important to get to safety as quickly as possible. If you had a minor fender bender, you don’t have to leave the cars where they are. The police will not come to file a report on a minor accident; however, they will come to tell you to move your vehicle. Move out of the way of oncoming traffic to keep you and the other drivers safe. But if you can’t move your car without causing further damage, don’t try. Your insurance company should be able to hire a tow truck to move it for you.

Watch What You Say

After an accident, you should speak to the other driver only to get his or her information and to make sure the driver is OK. Don’t admit fault or say “I’m sorry” during your conversation as it could be used against you in court.

Gather Information

Your insurance company will need certain information to file your claim. Some insurance providers offer forms that can keep you organized while gathering information. You may need to fill out information on the other drivers involved, the name of your insurance representative and whether there is damage on your car.

If you’re in a crash, write down the following information of the people involved:

- Name
- Address
- Phone number
- Email address
- Make, model and year of the car
- License plate number
- Insurance carrier
- Insurance policy number

Take these photos, if you can:

- Damage to your vehicle
- Accident location
- People involved with the accident

Get information from the officer if one is on the scene:

- Name
- Badge or ID number
- Phone number
- Police report number

Ask the police officer for a copy of the police report. The officer’s opinion of the accident will be useful if the drivers have a dispute during claims processing. The police report will also have the officer’s information on it just in case the officer is needed to testify.

Note: The other driver or the police will not need your Social Security number; don’t give it to them.

File Your Claim

Call your insurance company to start your claim; your insurance company’s phone number is most likely staffed 24/7. You may also be able to check on your claim process by going to your insurance company’s website. You will likely be contacted by your claims representative within 24 hours to discuss the details of your claim.

If you or someone you know has fallen victim to a car accident, the motor vehicle accident attorneys at Revelli & Revelli can help determine the negligent party and get you the compensation you deserve. Call our motor vehicle accident attorneys or request a free consultation with our car accident attorneys so we can help you.

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Understanding criminal law basics will help you protect your interests and rights.

understand the basics of criminal law is through a qualified criminal defense attorney.

Criminal law is the body of law that relates to crime. Criminal law may be defined as the body of rules that defines conduct that is not allowed because it is deemed to be threatening, harmful or endangering to the safety and welfare of people. Criminal law also defines the appropriate punishment to be imposed on people who do not obey these laws.
In short, criminal (defense) law dictates what conduct is dangerous to people or damaging to society.

The following article from FindLaw.com presents some important criminal law basics and briefly explains the criminal defense process to help better your understanding of criminal law. Get familiar with the basics of criminal law so you know your rights if you’re arrested for a criminal offense.

Criminal Law – The Basics

For most people, familiarity with criminal law comes in fragments — from movies, television, and books. But when we become personally involved in the criminal law system, real-life issues come into focus and the need for information and assistance can arise quickly. This overview discusses the basics of criminal law: criminal statutes, criminal law players and procedure, and the potential outcome of a criminal case. Links to additional introductory information on criminal law are also provided.

Criminal Laws and Their Sources

When a society and its government decide that certain conduct is dangerous to citizens, or damaging to the society as a whole, such conduct is labeled a “crime” and is made punishable by sanctions such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. For example, a city may determine that it is a crime to be drunk in public, while the federal government decides bank robbery is a federal crime, since most banks are federally insured.

Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment. For example, the following “Burglary” statutes are from the California Penal Code:

Section 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, [etc.]…with intent to commit grand or petit larceny or any felony is guilty of burglary.

Section 461. Burglary is punishable as follows:

1. Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.
2. Burglary in the second degree: by imprisonment in the county jail not exceeding one year or in the state prison.

People who are found to have violated a criminal law — whether through their own admission by a “guilty” plea, or as a result of a jury trial — can be punished through imposition of fines, imprisonment, probation, and community service, among other penalties.

The Criminal Law System: Players and Procedure

The criminal law “system” encompasses the entire criminal process itself — from investigation and arrest, to conviction and sentencing — and the people who play a role in that process: the accused, police officers, prosecuting attorneys, bail bondsmen, criminal defense attorneys, judges, witnesses, probation officers, and corrections officers.

At all stages of the criminal process, a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney and the right to a speedy jury trial. These constitutional rights provide a balance between the government’s interest in ensuring that criminal behavior is identified and punished, and the fundamental need to preserve and promote the individual freedoms that characterize a democratic society.

The Outcome: How Might a Criminal Case End?

The outcome of any criminal case depends upon the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense. When all is said and done, there may be no legal consequence for a person charged with a crime, because the charges are dismissed, or a full-fledged jury trial might result in a criminal conviction.

Some potential outcomes of a criminal case are:

• A criminal investigation ends with no arrest.
• An arrest occurs, but the case is dismissed because the police illegally seized the only evidence of crime.
• A person is arrested and charged with a crime, then enters into a plea bargain with the government, agreeing to plead “guilty” in exchange for some form of leniency, such as a lighter sentence.
• A person is brought to trial and found “not guilty,” or acquitted, by a jury.
• A person is convicted by a jury and sentenced to a long prison term.

The elements that make up a criminal offense depend on the type of crime. Generally speaking, there are two elements of criminal defense law that are necessary: the defendant must have committed an illegal act; and the defendant must have committed the act with intention.

Types of crimes can be broken down into three categories: felonies (most serious offenses), misdemeanors (typically punishable with less than a year of jail time) and infractions (non-violent crimes and less serious offenses).

Examples of felonies include:

• Murder
• Rape
• Robbery

Examples of misdemeanors include:

• First-time DUI/DWI
• Vandalism
• Larceny

Examples of infractions include:

• Speeding ticket
• Reckless driving
• Parking ticket

If you’ve been charged for criminal offense, especially if it’s a serious crime, it’s very important that you seek legal counsel from an experienced criminal defense lawyer. The attorneys at Revelli & Revelli are criminal defense attorneys that can help educate you on criminal law basics as well as fight for your rights if you need representation. Call our criminal law attorneys – we can help you.

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When there is a child from the marriage involved, it's important to seek the counsel of a good divorce lawyer.

There are two ways you can file for a divorce in Massachusetts: “joint petition” and “complaint for divorce.”

A “joint petition” is filed when both parties cooperate and agree on how they will resolve all issues surrounding the divorce. These issues include grounds for divorce, division of assets, child custody and visitation rights, child support, alimony, health insurance, etc. The parties then file a petition for divorce along with procedural documents and a settlement agreement stating how each issue will be resolved. All documents are drafted, negotiated and signed and a petition is filed with the Court and a date is assigned for a hearing. At that hearing, the parties appear for testimony and review of the agreement by the Judge.

In the case of conflict between parties related to the divorce, one party can file a “complaint for divorce.” The Court will issue a summons, and a copy of the complaint, which the plaintiff must serve to the defendant. After the defendant answers the summons, the case proceeds to discovery, where each party shares information. A four way hearing is held to discuss issues and explore settlement. If the issues cannot be settled, a pre-trial conference is held at the Court to prepare for trial – most times, an agreement is reached at this stage in the divorce process with the Court’s assistance.

This is a general breakdown of how to get started with divorce in Massachusetts. Every case is unique and presents its own obstacles. If you’re considering filing for a divorce, your best option is to educate yourself on Massachusetts divorce law through your own research and by seeking the advice of a qualified divorce lawyer.

The following article from DivorceMag.com breaks down the steps involved in filing for divorce and highlights what you can expect as you go through the divorce process.

How To Get a Divorce

A step-by-step layman’s guide.

I obtained my divorce in 1997, finalizing a process that started in 1993 when my ex first mentioned the “D word.” While divorces are certainly obtained in a much shorter timeframe, I don’t think that my experience is unusual for those with children of the marriage to consider and a career to keep them busy in other matters. I’ve learned quite a lot in the process, and would like to share my experiences with you in the hope that they might save you some time, money, and/or grief in your own divorce proceedings.

I’ll caution that I have no legal training, and have tried to stay away from legal jargon as much as possible. Also keep in mind that not everything in this article will be relevant to your own situation. Consult a lawyer before getting into any actual separation or divorce proceedings.

Do you really want a divorce?

The first step is to try everything possible — including mediation, therapy groups, the clergy, an uninterrupted vacation, your closest friends, and whatever else might help — to try and keep your marriage together! If you have children of the marriage, all the more reason to try your hardest to work things out with your spouse. (I hasten to add, however, that keeping a bad, acrimonious marriage together “for the kids” isn’t really in your children’s best interests. There is plenty of literature available on this subject; or you might want to consult a child therapist.)

You might think that things have deteriorated too far in your marriage to be able to save it, and that a divorce is your only option. But except for cases of chronic physical or emotional abuse, there’s almost always some hope. Investigate all such avenues. If you think that a divorce is going to be easy, and that it’s going to solve all of your problems, think again! Divorce is hard, time-consuming, and can be quite expensive financially and emotionally. Go back and work one more time on saving your marriage; if successful, you may find it even stronger for the “close call,” and you’ll likely become more intimate with your spouse and your children because of the effort expended and your new perceptions of what your marriage really means to each of you.

Don’t scream out “I want a divorce!” in the middle of a heated argument. If this piece of advice has come too late for you, don’t panic. Try to talk things out as calmly as possible with your spouse. You’ve at least obtained his or her attention in the matter. Now try to set things right.

If you and your spouse decide to try mediation or counseling, divorce attorney Susan Kunstler has a cautionary note. “Once you’re involved in the process,” she says, “do a ‘reality check’ after a certain period of time to make sure you don’t get caught in a ‘loop’ in which you keep repeating the same complaints and rehashing the same problems. Not only can you waste a lot of time and make the relationship worse, but you can find that you have spent a large amount of money in the process.” In addition, do not agree to anything when you’re mediating your divorce unless you are absolutely certain. “The worst thing you can do is agree to something in one session and back out of it in a later session.”

Kunstler frequently recommends that her clients consult therapists on their own — another “reality check” — especially if divorce is the only solution. “Try to recognize and accept that this is probably one of the most traumatic experiences you can go through, and short-term, goal-oriented therapy can be very helpful.”

Do you need a lawyer?

People are attracted to do-it-yourself (also known as “Pro Se,” which is a Latin phrase meaning “for yourself”) divorces because they are supposed to save both time and money. Unfortunately, most divorces are relatively complicated — involving complex property transfers and their tax implications; plus the issues of support, custody, and access if children or an unemployed spouse are involved. “It would be a good idea to have at least one consultation with a lawyer to determine your rights first,” recommends family lawyer David Wildstein.

You might be able to process your own divorce if:

• it will be uncontested;
• you have been married for a relatively short period of time, and do not have children;
• you and your spouse are in complete agreement regarding the division of property and assets;
• you are both employed and capable of supporting yourselves;
• you possess sufficient mental and emotional strength, meticulous attention to detail, and perseverance to embark upon a relatively difficult and time-consuming task;
• you are able to prove “grounds” for your divorce.

If you want to try the pro se route, there are some resources available to help you. The very first thing you should do is contact the local court in which you will be filing for divorce and obtain a copy of the court’s “check list” of documents and information the particular court requires.

Check with your local community college, adult education center, or community center to see if they offer classes on divorce.

There are some low-cost legal clinics and some private-practice attorneys or paralegals who will fill out your forms for a fee and review your separation agreement to make sure the paperwork is complete before it’s filed with the court. A paralegal service generally only fills out the forms for you — which may be all you need if you know all of the legal issues of your case because you have discussed your case in detail with a divorce lawyer before hiring the paralegal to fill out the paperwork. Paralegals are not trained to give legal advice, and you may overlook serious issues if you rely on a paralegal to let you know your rights and obligations.

If you create your Separation Agreement yourselves, you and your spouse should each retain an independent attorney to check all papers before signing — even if the divorce is “friendly” and you think your agreement is very straightforward. Also remember that it can be extremely helpful to have occasional consultations with an attorney as needed as you negotiate with your spouse.

If things turn nasty while you’re negotiating with your spouse, or you suspect he/she’s trying to trick you into agreeing to a settlement that really isn’t in your best interests, you’ll definitely need to consult a lawyer — who may have to charge you even more money to undo what you did prior to retaining him or her.

Another option for those who’d like to handle some of the divorce-related work themselves is to “unbundle” their legal services. “Unbundling means that the attorney and the client can agree that the attorney will provide some, but not all, of the services contained in a classic family law case,” says M. Sue Talia, the author of A Client’s Guide to Limited Legal Services.

“After discussing the issues presented in your case and the options available with an attorney, you instruct him or her on which specific tasks she is to perform, and you take responsibility for the others.”

Grounds for Divorce

To find out about the Grounds for Divorce in your state, click here.

Documentation Needed

You’ll need to provide your lawyer with the following documentation in order to proceed with a Separation Agreement. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates. Here’s a list of some of the information you should have ready:

Personal Data

• Full addresses, phone numbers, and Social Security numbers of both parties.
• Full names, birth dates, Social Security numbers, and addresses of all children of the marriage, and their schools and grades.
• The date and county of the marriage.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g., a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS. (Kunstler recommends providing your lawyer with several years’ returns).
• Information about your current income, (e.g., a current pay slip).
• A list of substantial assets and liabilities of both spouses.
• Copies of any applications for credit, such as mortgage applications which often contain a wealth of helpful information.

The Separation Agreement

Clearly, the easiest way to prove marriage breakdown is by meeting the “living separate and apart” rules. While living apart, you’ll probably want to be protected by a Separation Agreement, which spells out in detail matters such as financial relief, child custody and support, visitation rights, and division of property.

There’s often a lot of time and work involved in finalizing a Separation Agreement, so if a suit for divorce has been started, the court has the power to order one spouse to pay support to the other while the case is ongoing. It may also determine temporary custody and enjoin the spouses from doing any of several things — like removing the children from the state or substantially reducing the marital estate.

If you’re amicably separated, it may be possible to create a simple written agreement as to support payments while the divorce is proceeding. (It needs to be written down and signed by both parties so that the amounts paid as alimony can be tax deductible by the payer.) My ex-wife and I handled things this way just fine and saved the trouble and possible animosity involved in court-ordered interim support. Having an existing Separation Agreement in force greatly simplifies the subsequent filing for a divorce. Lacking a Separation Agreement, the Petition for the Dissolution of Marriage will have to address all of the same sorts of issues anyway. So having the Separation Agreement drawn up early is a wise investment.

The Summons

The divorce action is initiated by serving a Summons upon the other party (the defendant), briefly stating the grounds upon which the divorce is sought, and a brief outline of what you (as the plaintiff) are seeking (the divorce itself, as well as items such as division of properties, custody of the children, interim support, and legal fees). You then have up to 120 days to serve the papers on the other party. The defendant is required to respond with a Notice of Appearance and an Appearance.

The Counterclaim

After (or, occasionally, at the same time as) the Summons, the Verified Complaint is served. This describes the basis for the divorce and specific relief being sought in more detail. Once served upon the defendant, he or she has 20 days to respond. In the response, the defendant may admit or deny parts of your Complaint, and may also issue a Counterclaim against you. If the defendant agrees to go forward with the divorce — while not necessarily agreeing with it — he or she would sign a Defendant’s Affidavit.

The Discovery phase

If there is no Separation Agreement, or the divorce is being contested, each of the lawyers begins the Discovery Process, in which they gather as much information as possible about the facts of the case. This information can delve into issues such as custody, fault, and grounds for divorce. But in most cases, the emphasis will be on financial matters. You’ll likely be asked to supply various financial documentation, and to detail in writing within a Statement of Net Worth all pertinent facts concerning your finances and properties. And I do mean detail! (This is where I got bogged down.)

You’re expected to itemize and put a reasonable and provable dollar value on each and every significant item that (a) you brought into the marriage, and (b) that you have in your possession at the time of signing the Statement. So, off you go for the next two months or so trying to track down bills for stuff you purchased before your marriage, getting your bank to print out reams of paper for your bank account and IRA balances the day before your marriage (which is quite involved and expensive if that date was more than 10 years ago, and if, like me, you switched banks several times due to moves between cities, and like me some of those cities were foreign), gathering slips of paper to prove the outstanding balance of your mortgage and your company stocks before you married, the value of the car and motorcycle and canoe and what-have-you on the two dates, and ad infinitum.

In the meanwhile, your lawyer has enlisted the services of an actuary to determine the value of your company pension plan at both dates. These calculations can be quite complex and subject to plenty of actuarial best-guessing. “Your lawyer may also use the services of an accountant to review business records, or an appraiser to place a value on your business or real estate,” adds Wildstein.

Whew! You’re finally through with it — signed and delivered to your spouse’s lawyer. Now you find out that it’s the duty of the other lawyer to go over your figures carefully and demand proof of anything in question. So back you go to the books and the appraisers and the banks for further proof of anything contested. Appraisals or valuations may also be requested for such things as the value of a business.

With the possible exception of folks who are meticulous record-keepers, gathering the necessary evidence to support your Net Worth document can be a nightmare. All I can advise here is “keep at it,” since the problem won’t get solved by itself. It’s easy to procrastinate, but it’s unlikely that you’ll be able to proceed meaningfully until the financial information is deemed complete, accurate, and acceptable by “the other side.”

The discovery process can involve several related legal instruments, such as Interrogatories (written questions requiring written responses from the other side to clarify one or more areas of concern) and Examinations Before Trial, also known as Depositions (the same idea, but done verbally under oath, with a court reporter taking notes).

And here’s where the trust and goodwill you’ve been building during your separation — by treating your ex with courtesy, scrupulous honesty, and kindness — starts to pay off. In our case, my ex-wife recognized that the delays and expense in obtaining some of the documentation simply wasn’t worth the couple of hundred bucks she might have gained in the ultimate property division. She knows — because I demonstrated it to her over and over again — that I have no desire to cheat her or our children out of anything. This allowed us to reach a fair settlement without my spending another $1,500 and several months trying to gather more documentation. We agreed that the dollars are far better spent on our children than on appraiser and bank fees.

Division of Property

“Who Gets What?” in the Money Matters section of this website details the complex topic of property division, which can vary substantially from state to state. Talk to your lawyer to find out how property is distributed in your state.

Financial support

The other reason for the financial disclosure is to itemize your income and expenses (actual and proposed) so that the lawyers or the court can decide if one of the spouses should provide financial support to the other. If children are involved, the non-custodial parent will usually have to pay a set monthly amount for Child Support, according to support guidelines. Another amount may be determined payable for Spousal Support or Maintenance (formerly called “Alimony”).

Each of these amounts will have a set start and end date. Typically, child support continues until the children are 21 or until they finish their university education, but it may terminate prematurely if a child chooses to move away from home and separate him or herself from parental influence or control or drops out of school. Maintenance payments may continue for a year or more, or even for life (in the case of longer marriages). These payments are generally intended to “allow the former spouse to continue the lifestyle to which he or she was accustomed,” Wildstein says, or in a shorter marriage, to help the former spouse get back on his or her feet again: the payments could be used for university tuition and may include additional money for daycare for the children while he or she attends classes, which should help the former spouse to become gainfully employed in due course.

Child Custody and Visitation rights

The Support Agreement or the Divorce Judgment will stipulate the custody of the children (under 18 years of age) and the visitation rights by the non-custodial parent. If you have kids, these items are surely the most important in your agreement, especially if your separation has been anything less than amicable. If there’s even a hint that one parent will file for sole custody, you really need to consult a competent lawyer.

Initially, both natural parents have equal rights to custody. When you separate, you can still maintain this joint custody arrangement, although one of the parents may spend a disproportionate amount of time actually caring for the children.

You and your spouse need to work out the custody arrangements. If you can’t work it out (for instance, if both of you insist on sole custody), then the court will have to decide for you. In all cases, the judge will put the best interests of the children first and foremost. Even if sole custody is granted, the court recognizes that in the majority of cases, the children are best off when both parents are involved in their upbringing. Discuss any concerns with your lawyer.

As with the custody decision, the courts prefer that you and your spouse work out access or visitation rights. My ex-wife and I have written into our agreement that I have access to the children every second weekend (including the extra days of long weekends), three weeks during the summer holidays, and a week at Christmas. The agreement also spells out reasonable amounts of unencumbered communication by telephone, fax, e-mail, and regular mail. As I mentioned, she and I have a very amicable relationship, so I can and do enjoy seeing the kids at other times. I know that she appreciates me spending the extra time with them as much as the children enjoy seeing me. The point of putting my access rights into the agreement is to protect my interests if for whatever reason our relationship should turn sour. While this is an extremely remote possibility in my situation, having everything in writing is a simple insurance policy: my rights are protected by law.

Settlement or trial?

With all of the necessary financial, custody, support, and visitation issues on the table, it’s time to determine whether you’re able to work out any disagreements and reach a settlement, or if a trial is required to hear the matters before a judge.

It’s encouraging to note that less than 5% of all divorces go to trial. You should consider very carefully any suggestion that your problems can only be resolved by a trial. If at all possible, work out your differences with the help of your lawyers, and/or a competent mediator, and/or other counseling. The panel consists of two lawyers who volunteer their time to make recommendations on how a case should be settled — fairly and quickly. The timing of this one-time panel meeting varies from county to county, but it generally takes place several months before the trial. Of course you shouldn’t forgo your legal right to a trial if there is true necessity — such as an impasse over whose custody is truly best for the children, or an honest disagreement in the valuation of a major asset. But the courtroom should only be used as a last resort; it’s definitely not the place to try and get even with your ex for dumping you for his or her secretary. And remember that every dollar spent is a dollar that would’ve been much better spent on the children.

The Divorce Judgment

Once you and your spouse sign your agreement and all the required affidavits and other forms for an uncontested divorce, all of your documents are submitted to the court clerk for review. If everything is in order, the papers are then sent to a judge, who will then sign the Judgment of Divorce (or Divorce Decree), and your marriage is over.
“If an agreement isn’t reached, the court will enter a Judgment at the conclusion of the trial,” Wildstein says.
Once the judge has signed the Judgment, you are legally divorced. Shortly thereafter, the county clerk will “enter” it, making the divorce judgment part of the court’s official records. Now, it’s time to celebrate — or more likely, to reflect back on the happy times of your marriage and wonder again how things went so wrong. In any case, you are now free to remarry if you wish.

Still wondering if you need to hire a divorce attorney for your case? The short answer is no. You’ll likely have many questions about divorce law along the way – about cost, support, custody, visitation rights, etc. You’re expected to know the divorce procedure in the Court, and the decisions you make in your divorce settlement are legally binding.
Even if your divorce is relatively simple, it’s a good idea to at least consult a divorce lawyer. Hiring a qualified divorce attorney that’s experienced in Massachusetts divorce law will help make your situation less stressful and more bearable.

If any of the following apply to you, you should consider hiring a divorce lawyer:

1. You have minor children;
2. You have been married 10 years or more;
3. There is domestic abuse in the home;
4. You have significant assets;
5. Your home is in jeopardy of foreclosure or short sale;
6. You have multiple real estate properties;
7. You or your spouse are self-employed;
8. You have significant debt;
9. You (or your spouse) wish to move out of state with the minor children; or
10. You (or your spouse) are facing bankruptcy.

If you’re thinking about hiring a divorce attorney for your case, call the lawyers at Revelli & Revelli or request a free consultation. We’re a law firm focusing in divorce law. Our divorce attorneys at law can help you navigate the divorce process and answer your question of “How do I get a divorce?” Let us help protect you and your rights during this difficult time so you can move forward with your life.

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If you've had a slip and fall accident, we're attorneys that can help you get what you deserve.

An accident can be classified as a slip and fall accident when a person slips and falls on someone else’s property and is injured as a result.  Slip and fall accident cases fall under the category of premises liability claims. Since slip and fall accidents happen on someone else’s premises or property, this deems the owner of that property responsible for the injury incurred from the slip and fall accident.

People are much more likely to have a slip and fall accident on a sidewalk like this one.

Slip and fall accidents can occur indoors or outdoors.  Indoor slip and fall accidents can happen for reasons including torn carpeting, flooring changes, poor lighting, narrow passage ways or even a wet floor.  Slip and fall accidents are more likely to happen on outdoor property in the instance of poor weather conditions.  Conditions including ice, rain and snow can worsen an outdoor hazard – like a crack in a sidewalk – or can mask them all together – like a pothole.  There are different factors that can make one liable for a slip and fall accident or not. Nolo.com has a great article that covers what you need to know about culpability in slip and fall accidents.

Slip and Fall Accidents: Proving Fault

If you slip and fall on someone else’s property, the property owner may be liable for your injuries.Bottom of Form

Who is responsible for an injury resulting from a slip and fall accident? Many thousands of people are injured each year — some very seriously — when they slip or trip and fall on a dangerous floor, a flight of stairs, or a rough patch of ground. Sometimes the property owner is responsible for the accident, and sometimes he or she is not.

If you have been injured in this way, first consider that it is a normal part of living for things to fall on or to drip onto a floor or the ground, and for smooth surfaces to become uneven. Also, some things put in the ground — drainage grates, for example — serve a useful purpose there. So a property owner (or occupier) cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is a property owner always responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. We all have an obligation to watch where we’re going.

However, property owners do need to be careful in keeping up their property. While there is no precise way to determine when someone else is legally responsible for something on which you slip or trip, cases turn on whether the property owner acted carefully so that slipping or tripping was not likely to happen — and whether you were careless in not seeing or avoiding the thing you fell on. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.

Determining Liability

To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true:

• The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
• The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
• The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.

The third situation is the most common, but is also less clear-cut than the first two because of those pesky words “should have known.” Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.

What Is “Reasonable”?

In determining a property owner’s “reasonableness,” the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean. Here are some initial questions you can ask to determine whether a property or business owner may be liable for your slip or trip and fall injuries:

• If you tripped over a torn, broken, or bulging area of carpet, floor, or ground, or slipped on a wet or loose area, had the dangerous spot been there long enough that the owner should have known about it?
• Does the property owner have a regular procedure for examining and cleaning or repairing the premises? If so, what proof does the owner have of this regular maintenance?
• If you tripped over or slipped on an object someone had placed or left on or in the floor or ground, was there a legitimate reason for the object to be there?
• If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed or covered or otherwise made safe?
• Was there a safer place the object could have been located, or could it have been placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
• Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping?
• Did poor or broken lighting contribute to the accident?

If the answers to one or more of these questions come out in your favor, you may have a good claim for compensation. However, you must still think about whether your own carelessness contributed in any significant way to your accident.

Your Own Carelessness

In almost every slip or trip and fall case, you must decide whether your carelessness contributed to the accident. The rules of “comparative negligence” help measure your own reasonableness in going where you did, in the way you did, just before the accident happened. There are some questions you should ask yourself about your own conduct — an insurance adjuster will almost certainly ask them after you file your claim.

• Did you have a legitimate reason — a reason the owner should have anticipated — for being where the dangerous area was?
• Would a careful person have noticed the dangerous spot and avoided it, or walked carefully enough not to slip or trip?
• Were there any warnings that the spot might be dangerous?
• Were you doing anything that distracted you from paying attention to where you were going, or were you running, jumping, or fooling around in a way that made falling more likely?

You don’t have to “prove” to an insurance adjuster that you were careful, but think about what you were doing and describe it clearly so that an insurance adjuster will understand that you were not careless.

Aside from a slip and fall accident occurring on private property, a slip and fall accident can also occur on commercial property, which changes the criteria for liability slightly.  In order for a commercial property owner to be held legally responsible for the injuries sustained as a result of a slip and fall accident, the circumstances of the accident must fit the following:

• The commercial property owner must have caused the dangerous surface to be underfoot, whether it be a spill, torn/worn carpet or flooring, or another dangerous surface.
• The property owner must have known that the hazardous surface was there and proceed to do nothing about it.
• The dangerous area was something that the commercial property owner should have known to be dangerous because a ‘reasonable’ person maintaining their property would have taken note of the hazard and taken measurs to fix it.

It is up to the law to determine whether the owner or user of the commercial property was maintaining their property adequately and whether the property was reasonably safe. If you have had a slip and fall accident and are unsure about where you fall among the different categorizations of slip and fall accidents, feel free to call our law office. We would love to offer you advice.

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