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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…
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…
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…
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…
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…
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…
Posted by Michael Franklin Have you been suddenly charged with contempt in Massachusetts for not paying your child support that was ordered by the court after you and your spouse divorced? Perhaps it’s in reverse and you’re filing for contempt against your spouse for not doing what was required with a court order. Either way,…
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…
Posted by Michael Franklin In the era of ubiquitous personal technology, it may seem that we have an unbridled right to use our smartphones to photograph or record anything and everything. We may particularly want to record the police to verify that they are serving and protecting the public and not violating individual rights. Be…
Posted by Michael Franklin Are you aware of Massachusetts “social hosting” laws? Social hosting refers to providing alcohol or other illegal substances to a minor that is not your own child on your property or in an environment you control. Especially during graduation time, some parents reason if they provide alcohol at a party at…
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…
The issue of bullying has become a hot topic all over the U.S in recent years. Tragic events such as victim suicides and violent assaults have turned the spotlight on the debate of exactly when and how bullying becomes a criminal act. At the forefront of this debate is the increasing trend of cyber bullying…
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…
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…
By Michael Franklin If you’re in Massachusetts and dealing with the prospect of a spouse not paying their child support payment, you may have to go through Child Support Enforcement. This is a service available through the state and within the Massachusetts State Department of Revenue. When you contact CSE about a spouse not paying…
Divorce is a challenging time for both spouses. So many factors involving the outcome can have lasting effects. Alimony is no exception. Alimony refers to a specified amount of money paid to one spouse as support by the other spouse during and after divorce. The purpose is to help the lower-earning spouse maintain a reasonable…
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…
Massachusetts has enacted new child support guidelines as of August 1, 2013. Child support is often ordered in custody cases to ensure the child is properly cared for by both parents. The two issues are considered separately, though. Whether you are the person who is supposed to pay support or you are owed the support,…
By Michael Franklin As many business owners here in Massachusetts know, a marriage is not guaranteed to succeed. Some may last for decades before failing, others just a few years. But no matter how long the marriage existed, its demise can have a profound effect on a business – unless the business owner took steps…
By Michael Franklin One of the most common questions when going through a divorce is; how is spousal support determined? Spousal support also known as alimony can be difficult to understand. When you hear about divorces involving people who are rich and famous, alimony payments can be in the millions. However, what if you or…
By Michael Franklin A divorce can be extremely stressful both emotionally and financially. If you are going through a divorce knowing how the law applies to you may ease this stress. Here are important areas of divorce law for Massachusetts residents: Property Division Mass. Gen Laws Chapter 208 Section 34 governs property division for a…
By Michael Franklin The Massachusetts Alimony Reform Act was signed into law in 2011 and became effective a little over a year ago. This law brought about sweeping new changes in the way alimony is awarded in the state, and many orders issued prior to its enactment could be modified as a result. One of…
By Michael Franklin Our children are an integral part of our lives and keeping them safe is what parenting is all about. Parenting together after divorce presents new challenges to an already difficult process, but navigating painful emotions to maintain a united front is an essential part of the job. The bottom line is, kids feel…
Facebook is playing a role in as many as a fifth of all divorces in the U.S., according to a study by the American Academy of Matrimonial Lawyers. Facebook can come up in a divorce case in several ways. One is that marriages sometimes end because people have affairs with people they met – or…
The ex-wife of an Air Force officer might not be able to share in an increase in the officer’s pension benefits that resulted from a promotion he received after the couple divorced, according to a New Jersey appeals court. The couple divorced when the husband was a captain. The divorce settlement gave the wife 50…
A husband’s interest in a business partnership that produced a consistent stream of profits “counted” as marital property, and his wife can receive a share of his interest at divorce, the highest court in Massachusetts recently ruled. The husband was a partner in an investment advisory firm. Under the terms of the partnership, he received…
A father’s child support obligations could be reduced by the amount of his Social Security Disability Insurance payments that went directly to his children, the Vermont Supreme Court recently decided. The father had been ordered to pay $326 a month in child support when he and his wife divorced. Soon afterward, he went to prison…
Generally, whatever assets and debts a couple accumulate during a marriage can be split between them at divorce. But what if a husband racks up an enormous amount of credit card debt without his wife knowing about it? Should she still be responsible for half the bill? In one recent case, the Kentucky Supreme Court…
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