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If my spouse and I are still living together can I file for Divorce? Yes.  In Massachusetts it does not require that one of the spouses move from the marital home in order for the divorce to be filed. Other states may be different, depending on the state. If my spouse has threatened to quit […]

I had more cases recently where there have been issues regarding identity theft.  There are some common-sense things that people can do.   One of them is too try not to share your Social Security number unless it is necessary, including on court paperwork. Also, avoid having your Social Security card or Medicaid card with […]

In a care and protection DCF case permanent custody does not necessarily mean a termination of parental rights. Permanent custody and termination of parental rights are significantly different than permanent custody. If DCF has permanent custody you can seek to file something called a Review and Redetermination, where you have to produce some credible evidence […]

An uncontested divorce means that there is no dispute and the parties agree to all terms of the divorce including child custody, support, alimony, division of marital assets and debt and so forth.  This can be done by a joint petition for divorce with related paperwork including a divorce agreement( called a ” separation agreement”

Typically, in most divorce or paternity actions, the Court standard is what is in the child’s best interest. This is not an easy standard to determine. It can vary from child to child. The idea is that it focuses more on what the child’s needs are than on the parents. The law says that the […]

Generally, Probate and Family Court handle custody and visitation and most parenting decisions. This can be involved on divorce cases, separate support cases, paternity cases; where the parties are not married, adoption at many times and other issues. Both Probate Court and District Court along with sometimes Juvenile Court can handle a restraining order or […]

If a prior court order no longer works for the parties or circumstances change the party may seek a modification. The party must file a complaint for modification to change a judgment. A further temporary order may change a prior temporary order. The most common changes are alimony or spousal support, custody and parenting time […]

Filing fees vary depending on the type of court action you are filing eg divorce, modification, contempt.  if you cannot afford the filing fee and summons, you can file a motion to waive fees or be paid by the state.  You need to file an affidavit of indigency and financial statement to have the court […]

“It is called “Continued without a Finding”. It is a type of disposition that has to occur prior to trial. Occasionally it can happen after trial, but typically not, typically a trial is either guilty or not guilty. What a Continuation without a Finding means is that an admission to sufficient facts that the event […]

As an attorney representing clients in the Brockton Courthouse, I have learned many “ins and outs” and some tips that might make things go smoother for you. The main Trial Court Department has significantly changed over the years. When I first practiced in Brockton, Juvenile court was next door to the old Brockton District Court […]