In recent years, there has been a lot of controversy regarding bail decisions; particularly, to people who have limited resources. More recently the Massachusetts Supreme Judicial Court; which is the highest court in Massachusetts, said that bail should factor in whether the criminal defendant has less money and what the risk of having a bail […]

I was Divorced some time ago and I am unhappy now with what occurred in terms of a settlement. Can I make changes now?        That depends. There are parts of the Agreement that survive; which means they can not be changed and that typically consists of divisions of assets, such as a house […]

In Massachusetts if my Spouse does not want to get a Divorce, can I still get a Divorce?         Yes.  Even if your spouse says that the marriage is not over, the Court will grant the divorce upon your testimony that the marriage has irretrievable broken down.  Your spouse can make the process […]

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 […]