A Living Trust also commonly called “Revocable Trust” is created during the lifetime of the donor, meaning that rather than doing a Will at the person’s death, it is created during their lifetime. With a Living Trust, the donor or the person that has the assets maintains control over the trust and the right to […]

The first one, can the marriage be saved? Divorce can be stressful and expensive along with having an emotional toll for the spouses and the children.  If there is a way to get counseling or some other steps to keep you and your spouse together that should always bee considered.   Second would be, examining […]

Many law offices, including mine, offer free initial consultation and you don’t need to bring anything to your lawyer’s office.  However, the more prepared you are for the first meeting the better off you will be and the less time and money you will end up spending.  If you can have some information regarding your […]

A name can be changed at any time for any reason that is basically not a lie or fraudulent.  You don’t have to go to court necessarily to do this, however, if you want your name officially changed and you cannot obtain the official documents, such as a drivers license or a passport, you do […]

For most parents this is one of the most important steps to occur and generally the parents work together to name the child, basically any name that they choose.  However, if married parents disagree upon the name to use, they may have to actually go to court in an extreme case to resolve this dispute […]

It is stated that all the Judges have received from the Massachusetts Association of Family Conciliation Court a pamphlet regarding shared parenting.  Some of those things that are factored in that provide the courts that may seem straight forward, but the children do best when both parents have a stable mean for involvement with their […]

With student loans in terms of being discharged, it is under something called “Tortality of Circumstances Test and the Brenner Test” The Brenner Test in order to show undue hardship the debtor must show inability in current level of income or expenses to maintain a minimal standard of living and the likelihood that this inability […]

Generally, student loans are exempt from discharge and bankruptcies under 11 USC 523(a) 8, unless accepting such a debt from discharge would impose an undue hardship on the debtor or the debtor’s independence.   What ends up happening is that the burden of proof is on the debtor’s undue hardship and an undue hardship is […]

Generally in Massachusetts there is a bigger definition, but it is generally 18 or up to 23 years old for full time students.  The Courts looks at whether emancipation has occurred as a question of fact; and what they will look at is looking at the relevant facts and circumstances surrounding each particular case.  There […]

There are a lot of issues about whether or not on a Complaint for Modification there should be Temporary Motions.  A Complaint for Modification means where there is a material and substantial change in circumstance and the Judgment Modification is necessary.    There is one general law, Mass General Laws c. 208 Section 24; which […]