Category: Articles

Staying Safe and Saying NO to Domestic Abuse During COVID-19

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled

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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 affidavit. It is against the law to purposely hide, understate, or overstate assets, as well as any marital property, debt, income, or expense. In extreme cases, this can potentially lead to the withholding party

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Common Myths in Massachusetts Family Law Every Parent Should Know

When it comes to divorcing and family law, things get complicated quickly. It’s essential to know your rights regarding your children. Presented here are some common myths every parent should be made aware of during divorce or custody proceedings. Myth: A parent’s failure to pay child support can result in the parent being kept from seeing the children Only a judge can determine visitation rights. If a parent fails to pay child support, the other

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I’ve only been married for 2 weeks, am I eligible for an annulment?

In the state of Massachusetts, a court granted annulment means your marriage never legally happened. Each state’s legislative code sets specific guidelines for what constitutes an annullable marriage. Contrary to popular belief, you can’t annul a marriage based on a short duration. Massachusetts outlines seven specific grounds for annulment. In Massachusetts, annulments require your marriage to be either void or voidable. There are three void marriage grounds: consanguinity, having a blood relation such as brother

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Does it really matter if I skip jury duty?

Yes—yes it does. Skipping jury duty is an easy way to land yourself in completely unnecessary trouble. Massachusetts makes it rather difficult to miss or skip your service date. There are many chances to make right on your having skipped jury duty, but they are all time-consuming and potentially nerve-wracking. After missing jury service, you will receive a “Failure to Appear” postcard. By phone or by mail, you can respond to this. If you have

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How does Massachusetts distinguish between assault and battery?

The Commonwealth of Massachusetts actually has no statute against ‘battery’ on the books. Rather, there is one crime labeled as “assault” and another as “assault and battery.” According to Massachusetts law, assault does not require physical contact between the offender and the victim. To qualify as assault, an action must be either an attempt to use physical force against another person or the action reasonably suggests the intention to use force against another. If, during

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Is it true that Massachusetts family law courts favor mothers in child 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. Before women entered the workforce in large numbers, men were expected to be the providers. Women, on the other hand,

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Food Related Injuries Under Massachusetts Law

Here’s a little-known fact: under Massachusetts law, if you’re injured by a bone lodged in your throat after eating a prepared dish, whether you can recover for your injuries may depend on what kind of bone it is. If it’s a bone from a chicken pot pie, then you may have a viable claim. If it’s a fish bone from a bowl of chowder, then you probably don’t. To explain why that’s the case, in this article we examine how Massachusetts

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What To Do When Your Child is Injured

In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf. It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself: Did your child simply fall, or did he slip on ice or

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Understanding the Essentials of Annulment in Massachusetts

If you are unhappy with your marriage, you can obtain a divorce in Massachusetts for just about any reason. Regardless, there are those times when a marriage should not even be legally recognized. A divorce will end a marriage, but an annulment determines there never was a legal marriage from the start. Moreover, an annulment may have significance for religious or social purposes. If the marriage was not valid from the beginning, it is possible

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Child Custody Laws in Massachusetts

Divorce is described as one of the most stressful events in a person’s life. Add children to the mix, coupled with questions of custody, support, and visitation, and emotions and stress can reach a breaking point. Wading through this difficult time calls for the help of a professional such as a divorce & family law attorney who also understands laws specific to Massachusetts. Before you meet with an attorney, here are few pieces of information

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After a Car Accident: Three Facts About Massachusetts Law

If you have been injured in a car accident, there are several things you should know. First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to go to court for damages. After this time, known as the statute of limitations, a court is likely to refuse to hear a suit. Second, Massachusetts law stipulates that car accidents are adjudicated under

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Construction Accidents: What You Need to Know if Injured

Workplace accidents happen far too often, especially on or near construction sites. Workers are subjected to serious industry specific hazards due to the dangerous nature of the profession. In Massachusetts the construction industry is thriving and the number of construction accidents is rising. Statistics from the United States Department of Labor tell us that twenty percent of all workplace fatalities nationwide were in the construction industry. In 2014, that was 899 deaths -more than two deaths per day. The

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What Can Be Modified in a Divorce Agreement

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you need to consult with an experienced divorce attorney. The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change, a significant change

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The Importance of Hiring a Top Personal Injury Attorney

If you are a resident of Massachusetts and have been seriously injured or have suffered the loss of a family member killed by wrongdoing or negligence, you should be aware of the importance of hiring an experienced personal injury lawyer. Far too much is at stake to engage in self-representation in these types of cases. Regardless of the type of accident, injuries due to someone else’s negligence can result in pain and expense that lasts

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Divorce 101: A Quick 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 and some of what you may encounter. A divorce can be categorized as “no-fault” or “fault.” If both parties agree

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OUI Self Representation -Things to consider

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 to consider before making a decision. Certain attorneys specialize in drunk driving defense. They understand the intricacies of the law

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Premises Liability – What is it and Who is at fault?

Winter is here, and there is snow and ice. In fact, if it’s anything like last year, there may be a lot of snow and ice. Injuries due to snow and ice may be cause for damages in a premises liability case. Premises liability in Massachusetts, however, applies to many types of injuries and accidents, not just those caused by our weather. The term “premises liability” covers any kind of accident that arises from a

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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 as DUIs, in Massachusetts, the term OUI is used for all such charges. Things you should know: The penalties for

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Modifications of Family Court Judgments in the State of Massachusetts

When the terms of your divorce or custody proceeding no longer fit your present circumstances, a joint petition or complaint for modification can alter the terms accordingly. In the state of Massachusetts, the court must issue a new judgment which alters the prior judgment in order for the terms to be in enforceable, even if you and your former spouse or, if never married, the other parent agree on the changes. These are common examples

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