This includes custody of the children; parenting schedule and visitation with the children; division of assets; which can include, home; bank accounts; stocks; cars; pension retirement accounts; alimony or support of the spouse. Who gets to live in the marital home? How the debt is divided, which can be credit cards; utility bills; medical bills […]

Sometimes people choose not to get a divorce even though the parties chose to live apart, but they can remain married for a variety of reasons; including, religious; personal; financial reasons or arguably for the sake of the children. You may decide to file a Judgment of Separate Support or Judgment of Support which can […]

One thing is you cannot get an annulment just because you had a short marriage. To get an Annulment you need to show that your marriage is something that is called “Void” or avoidable. That means that if you were not legally allowed to married in the first place and then the state would never […]

That is if you are charged with a 2nd offense in Massachusetts. You may be eligible for something called the “Cahill Disposition” and it comes from a 2004 case law; which the Registry of Motor Vehicles (RMV) is required to honor the decision of the Court to treat a 2nd offense OUI as a 1st […]

You do not need to bring anything to the first appointment. However, if you have a police report that would be helpful; if you have a bail slip or a copy of your notice of your license suspension; or a citation for the OUI. If you can get a copy of your driving record, this […]

There are a variety of penalties. Typically, a first offender can expect one (1) year of probation with a license suspension for 45-90 days and a 16 week mandatory drug and alcohol education program. The administrative penalties in Massachusetts allows the license loss to be up to one (1) year. There is a potential for […]

A first offense OUI is a misdemeanor, but it can turn into a felony if either it is a 3rd offense or higher; or it involves death or serious bodily injury. The difference between a felony and a misdemeanor is that felonies can be indicted and brought to the Superior Court where the jail sentence […]

What happens if you fail a breathalyzer test when you are arrested for operating under the influence? What type of a penalty would you get if your blood alcohol test is .08 or greater; if you under 21 and your blood alcohol test is .02 or greater; answer is that your license will be suspended […]

There has been a lot of recent publicity about domestic violence in sports. In many ways these high profile examples of domestic violence reflect a broader societal problem. How does the judicial system deal with allegations of domestic violence?  The courts have had a difficult time addressing allegations of domestic abuse. In the criminal courts […]

In guardianships of a minor there is a legal process where a child under the age of 18 is not in his/her parents care. In Massachusetts a Judge can give custody and care of that child to a guardian if a couple of things occur. 1. If the parents give permission; or the court finds […]