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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 […]

Many people may have heard of a Guardian Ad Litem, but are not sure exactly what it does. What a GAL does is that it provides information and helps assist the Court in disputes relating to family or probate matters. There are different categories of a GAL; including an Investigator; Evaluator; and a “Next Friend”. […]

Where do you begin in a guardianship? You have to determine that guardianship and it is a legal process for adults who have been diagnosed with a medical condition and are unable to make or communicate effective decisions about their everyday care; health and/or safety. A Massachusetts Judge can appoint a guardian to make some […]

You see a lot on TV’s, movies and in the media that sensationalizes adultery or a fault base divorce with examples of full blow trials and all sorts of allegations. However, the vast majority of divorces sight irreconcilable differences, which is saying that the parties can not remain married. It is generally considered an irretrievable […]

It is a frequent question and the short answer is yes, you have to list all debts when you file a bankruptcy. If you borrow money from a parent, it is still considered a debt and it does have to be listed. The Bankruptcy Court requires everything to be accurate and if the parties were […]

This specifically waives to exclude a relative or somebody else in the Will. One of them is that you just want to be explicit about excluding the person. You can state that you are deliberately leaving nothing to that person and therefore, that person can not make a claim; and just because they had a […]

It had been well publicized that this year a high school senior had filed a law suit against her parent’s for financial support, college tuition, which included asking for private school tuition and college tuition. This high school senior had claimed that she was unable to support herself and she was also making allegations of […]

A Massachusetts Supreme Judicial Court recently clarified in the “Homes” case that temporary alimony during the pendency of a divorce modification case would not be deducted from the total duration of the alimony obligation. This is important because there is some presumptive maximum duration; which means the time period based on the length of the […]

1. A “209A Order” or an Abuse Prevention Order you can receive it if you and the abuser are: (a). Were married; (b). Residing together in the same household; (c). In a substantive dating or engagement relationship; (d). Related by marriage or blood; and (e). Have a child in common. 2. Another way is if […]

A CWOF is short for continued without a finding. You are admiting that the prosecution has enough evidence to convict you of the charge. However, rather than a conviction you are agreeing to be placed on probation for a period of time ( eg 6 months, a year etc) without a guilty finding so long […]