Generated by All in One SEO v4.9.10, this is an llms.txt file, used by LLMs to index the site. # Berid & Schutzbank, Attorney At Law Family Law and Divorce Lawyers in North Andover Massachusetts ## Sitemaps - [XML Sitemap](https://www.berid-schutzbank.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Legal Blog & News](https://www.berid-schutzbank.com/resources/) - We are a law firm located in N. Andover, Massachusetts concentrating in family law, divorce, criminal defense and elder law matters. - [Financial Mistakes to Avoid During a Massachusetts Divorce](https://www.berid-schutzbank.com/financial-mistakes-to-avoid-during-a-massachusetts-divorce/) - If you are considering divorce or are already involved in a Massachusetts divorce case, the experienced family law form Berid & Schutzbank, LLC can help you understand your rights, evaluate your options, and develop a strategy designed to protect your financial future. - [Can I Read My Child's Text Messages? What Massachusetts Parents Should Know](https://www.berid-schutzbank.com/can-i-read-my-childs-text-messages-what-massachusetts-parents-should-know/) - Can I Read My Child's Text Messages? As children spend more time communicating through smartphones, text messages, and social media, many parents find themselves asking the same question: Can I read my child's text messages? For some families, the answer seems obvious. Parents want to protect their children from cyberbullying, online predators, substance abuse, or - [Same-Sex Divorce in Massachusetts](https://www.berid-schutzbank.com/same-sex-divorce-in-massachusetts/) - What Same-Sex Couples Need to Know About Divorce Massachusetts has long been recognized as a leader in marriage equality. Following the landmark Goodridge v. Department of Public Health decision, Massachusetts became the first state in the nation to permit same-sex couples to marry. The Massachusetts Supreme Judicial Court issued its decision in November 2003, and - [When Can Child Support Be Modified in Massachusetts?](https://www.berid-schutzbank.com/when-can-child-support-be-modified-in-massachusetts/) - In Massachusetts, child support orders are intended to reflect the current needs of the child and the financial circumstances of both parents. - [Massachusetts Probate & Family Court Expands Long-Term Use of Remote and Hybrid Hearings](https://www.berid-schutzbank.com/massachusetts-probate-family-court-expands-long-term-use-of-remote-and-hybrid-hearings/) - The Massachusetts Probate & Family Court is continuing its transition toward a more technology-driven court system with the implementation of Standing Order 1-26, which takes effect June 1, 2026. The new standing order establishes a statewide framework governing when hearings may occur remotely, in person, or through hybrid participation. While many litigants became familiar with - [New Hampshire Supreme Court Expands How Pensions May Be Divided in Divorce Cases](https://www.berid-schutzbank.com/new-hampshire-supreme-court-expands-how-pensions-may-be-divided-in-divorce-cases/) - Retirement accounts and pension benefits are often among the most valuable assets involved in a divorce. A recent New Hampshire Supreme Court decision may significantly change how courts approach pension division in divorce proceedings, particularly when part of the pension was earned before the marriage began. In the case of In the Matter of LeGault - [Attorney Eric Schutzbank Selected to 2026 Massachusetts Super Lawyers List](https://www.berid-schutzbank.com/attorney-eric-schutzbank-selected-to-2026-massachusetts-super-lawyers-list/) - Berid & Schutzbank is pleased to announce that Attorney Eric Schutzbank has been named to the 2026 Massachusetts Super Lawyers list—an honor reserved for no more than five percent of attorneys across the Commonwealth. With more than twenty-five years of experience practicing law in Massachusetts and New Hampshire, Attorney Schutzbank concentrates in domestic relations, family - [What Divorce Mediation Is—and What It Is Not](https://www.berid-schutzbank.com/what-divorce-mediation-is-and-what-it-is-not/) - Divorce can feel overwhelming, adversarial, and uncertain. For many couples, divorce mediation offers a different path—one centered on collaboration rather than conflict. But despite its growing popularity, mediation is often misunderstood. So what exactly is divorce mediation—and just as importantly, what is it not? What Divorce Mediation Is At its core, divorce mediation is a voluntary, - [Can Parenting Time Be Modified After Divorce in Massachusetts?](https://www.berid-schutzbank.com/can-parenting-time-be-modified-after-divorce-in-massachusetts/) - After a divorce is finalized, many parents assume that the parenting schedule put in place will remain unchanged. However, life circumstances often evolve, and what once worked may no longer serve the best interests and needs of the child. A common question among divorced parents is whether parenting time arrangements can be modified—and the answer is yes, - [Thursday, July 16, 2026 - 9th Annual CLE by the Sea: Spinning the Mediator](https://www.berid-schutzbank.com/thursday-july-16-2026-9th-annual-cle-by-the-sea-spinning-the-mediator/) - Attorney Eric Schutzbank brings a thoughtful, strategic perspective to mediation shaped by his experience representing clients in complex family law matters across Massachusetts and New Hampshire. Known for his ability to balance assertive advocacy with practical resolution, Attorney Schutzbank focuses on positioning his clients’ interests clearly and credibly within the mediation process. His approach emphasizes - [Middlesex Probate and Family Court - South will be moving to Woburn on Monday, November 9th](https://www.berid-schutzbank.com/middlesex-probate-and-family-court-south-will-be-moving-to-woburn-on-monday-november-9th/) - On Friday, November 6, 2020, Middlesex Probate and Family Court – South will move out of its historic location in East Cambridge to begin new operations in a newly-constructed courthouse in Woburn. Previously, in May 2020, the Court implemented a division of the county and the creation of Middlesex Probate and Family Court – North, - [Court OK’s prenup-turned-post-nup](https://www.berid-schutzbank.com/court-oks-prenup-turned-post-nup/) - Prenuptial agreements are a useful way for a soon-to-be-married couple to protect assets they are bringing into a marriage. Essentially, these are contracts that lay out exactly what each spouse is entitled to (and obligated to) in the event of a divorce. If you and your soon-to-be-spouse are considering such an agreement, be sure to - [Both spouses can share in gift from husband’s family](https://www.berid-schutzbank.com/both-spouses-can-share-in-gift-from-husbands-family/) - A recent South Dakota case makes clear that a gift to a married couple from one spouse’s family will count as a gift to both of them in the event of a divorce, even if the benefactor later claims he or she intended otherwise The case revolved around South Dakota land that had been in - [Probate Court Expands In-Person Operations Effective July 12, 2021](https://www.berid-schutzbank.com/probate-court-expands-in-person-operations-effective-july-12-2021/) - It has been a long strange trip since the Courts initially shut down in Massachusetts in March of 2020. The Courts pivoted to a mostly virtual platform in order to assure litigants access to Judge over the last 15 months. As more and more of Massachusetts is becoming vaccinated, the Chief Justice of the Probate - [New Massachusetts Child Support Guidelines in Effect October 4, 2021](https://www.berid-schutzbank.com/new-massachusetts-child-support-guidelines-in-effect-october-4-2021/) - Learn about the new Child Support Guidelines for Massachusetts. The child support guidelines for Massachusetts has been revised and updated by the Child Support Guidelines Task Force and will go into effect on October 4, 2021. Massachusetts Lawyers Weekly has published a summary of the new or modified provisions. New Child Support Guidelines Issued By: Mass. - [June 9, 2022 - Perils of Late Life Romance](https://www.berid-schutzbank.com/june-9-2022-perils-of-late-life-romance/) - The Perils of Late Life Romance focuses on inflection points and legal problems that arise when the family matriarch or patriarch has a late in life romance. How does the possibility of diminishing capacity complicate the situation? What are the legal solutions when there are crisis-driven problems in blended families? Register: To register: https://gnba.ticketbud.com/the-perils-of-late-life-romance Attend and Learn - [Breathalyzers Test Results Ruled Inadmissible Pending Reforms](https://www.berid-schutzbank.com/breathalyzers-test-results-ruled-inadmissible-pending-reforms/) - In a ruling certain to affect thousands of cases, District Court Judge Robert Brenna has ruled that no Breathalyzer tests administered in Massachusetts can be used in Court until the state’s Office of Alcohol Testing (OAT) undergoes major reforms. Judge Brennan further held that OAT must prove that its results are accurate. The reforms required - [We Have Moved To Our New North Andover Location](https://www.berid-schutzbank.com/we-are-moving/) - Berid & Schutzbank, LLC is pleased to announce as of July 9, 2014 our new office location will be 800 Turnpike Street, North Andover, Massachusetts. - [What to do if you suspect your spouse is hiding assets in your divorce](https://www.berid-schutzbank.com/what-to-do-if-you-suspect-your-spouse-is-hiding-assets/) - Divorce can be an emotionally charged process, as tensions arise around issues such as custody, child support, alimony and how property gets split up. But it can ramp up to a whole other level if you suspect your spouse is hiding assets to keep them out of the marital estate that gets divided between you. - [Massachusetts Probate & Family Court Finally Reactivates Mandatory Parenting Education Course](https://www.berid-schutzbank.com/massachusetts-probate-family-court-finally-reactivates-mandatory-parenting-education-course/) - The Massachusetts Probate & Family Court suspended the mandatory requirement for divorcing parentings to complete a parent education program as specified in Standing Order 2-16 back on July 8, 2021. The Court had determined that the old program had several shortcomings. An internal assessment determined that several problems with the former mandatory training. One problem - [Court Operations Under the Exigent Circumstances Created by COVID-19](https://www.berid-schutzbank.com/court-operations-under-the-exigent-circumstances-created-by-covid-19/) - This just in from the Probate and Family Court. We are all in the process of trying to sort out how this effects open cases. Berid & Schutzbank clients: Please reach out if you have any questions or concerns about how this impacts your case. I will contact those of you with upcoming court dates - [Berid & Schutzbank - Prepared and Ready to Help Clients.](https://www.berid-schutzbank.com/berid-schutzbank-prepared-and-ready-to-help-clients/) - As our society as a whole deals with the pandemic COVID-19 crisis, I want to share with your our plans for keeping our clients, employees and community safe. Berid & Schutzbank will be adhering to all protocols issued by the Commonwealth. My top priority will be to ensure the safety of those we come into - [Restraining Order Violation Successfully Dismissed](https://www.berid-schutzbank.com/restraining-order-violation-successfully-dismissed/) - Restraining Order Violation Successfully Dismissed Lawrence District Court, Massachusetts Summary: Attorney Eric Schutzbank's client was charged with violating a restraining order by sending a Facebook Friend request to a friend of the Plaintiff in the restraining order matter. The request included a brief non-threatening message. The underlying restraining order included a provision that prohibited the - [Podcast - Attorney Schutzbank Discusses Divorce and Financial Considerations](https://www.berid-schutzbank.com/podcast-attorney-schutzbank-discusses-divorce-and-financial-considerations/) - Attorney Schutzbank was the featured speaker on the podcast Mastering Your Financial Life with Judy Heft. Eric concentrates his practice in the areas of Domestic Relations, Family Law, Dispute Resolution, Guardianship, Elder Care / Abuse Law, Criminal Law, and Probate Litigation. Tune in to the episode to hear about: The emotional complexity of divorce The - [Challenges of Getting a Divorce from Out of State: Massachusetts Jurisdiction](https://www.berid-schutzbank.com/challenges-of-getting-a-divorce-from-out-of-state-massachusetts-jurisdiction/) - Navigating the Complexities of Divorce Across State Lines If you're seeking a divorce in Massachusetts but you or your spouse reside in another state, understanding the challenges of obtaining a divorce in a different jurisdiction is vital. Here are a few things you may consider when pursuing a divorce in Massachusetts while one spouse is - [Massachusetts Estate Tax Exemption Doubled as Part of Comprehensive Changes to Law](https://www.berid-schutzbank.com/massachusetts-estate-tax-exemption-doubled-as-part-of-comprehensive-changes-to-law/) - On October 4, 2023, Massachusetts Governor Maura Healey signed into law comprehensive tax legislation impacting Massachusetts individuals and families. The $1 billion tax relief package is designed to boost the Commonwealth’s affordability and competitiveness. Most notably, the law doubles the Massachusetts estate tax exemption, from $1 million per estate to $2 million per estate. For - [Open letter to Parents and Attorneys from Probate and Family Court Chief Justice John D. Casey Stresses Important of Co-Parenting and Communication](https://www.berid-schutzbank.com/open-letter-to-parents-and-attorneys-from-probate-and-family-court-chief-justice-john-d-casey-stresses-important-of-co-parenting-and-communication/) - Shortly into the pandemic shutdown over a year ago, Chief Justice John D. Casey sent out an open letter to the public advising parents and attorneys that parenting plans remained in effect and that parenting time was presumed to be in the best interests of the children absent very specific factual circumstances. As we wind - [Massachusetts Supreme Judicial Court Fifth Updated Order Regarding Court Operations](https://www.berid-schutzbank.com/massachusetts-supreme-judicial-court-fifth-updated-order-regarding-court-operations/) - Supreme Judicial Court fifth updated order regarding court operations under the exigent circumstances created by the COVID-19 (coronavirus) pandemic To safeguard the health and safety of the public and court personnel during the COVID-19 (coronavirus) pandemic while continuing to increase the business being conducted by the courts, the Supreme Judicial Court (SJC), pursuant to its - [COURT GRANTS ORDER TO SEND NOTICE OF “ANANIAS RIGHTS’ TO OUI DEFENDANTS](https://www.berid-schutzbank.com/court-grants-order-to-send-notice-of-ananias-rights-to-oui-defendants/) - On February 1, 2021, Judge Robert A. Brennan granted a joint Motion to Disseminate” filed by the Commonwealth and the Defense in the case of Commonwealth v. Ananias. In 2017, Judge Brennan had issued a ruling in Ananias that temporarily suspended the admissibility of all breath tests using the Draeger Alcotest 9510 machine administered between - [Open letter regarding co-parenting during the holidays from Chief Justice John D. Casey](https://www.berid-schutzbank.com/open-letter-regarding-co-parenting-during-the-holidays-from-chief-justice-john-d-casey/) - As we begin this holiday season, I reach out to encourage parents to continue cooperating with each other to ensure that children have safe, healthy parenting time. Although I do not know exactly what we will experience in the upcoming weeks, there is no doubt that the holidays will feel different this year. During this - [Attorney Eric Schutzbank Elected to the Board of Governors](https://www.berid-schutzbank.com/attorney-eric-schutzbank-elected-to-the-board-of-governors/) - Attorney Eric Schutzbank has been elected by the Board of Governors at Temple Emanuel in Andover, Massachusetts to serve on the Board for a three year term. The Board of Governors meets regularly to discuss issues related to the operations of the Temple. Temple Emanuel’s Mission Founded one hundred years ago, Temple Emanuel of Andover - [My ex is refusing to pay court-ordered support. What can I do?](https://www.berid-schutzbank.com/my-ex-is-refusing-to-pay-court-ordered-support-what-can-i-do/) - When a divorce is finalized, a divorce decree outlines essential information about the court's decision. A divorce decree is an enforceable order by the court that both parties are legally mandated to follow. Items outlined can include payment of child support or spousal support, a transfer of property, or specific visitation schedules. Unfortunately, too often, - [The Transformation of the Massachusetts Court System](https://www.berid-schutzbank.com/the-transformation-of-the-massachusetts-court-system/) - A message to Massachusetts attorneys from Chief Justice Gants, Justice Carey, and Justice Greene. May 14, 2020 Dear Bar Leaders and Members of the Bar, With two months having passed since our courthouses were physically closed, we want to update the bar, self-represented litigants, and the public regarding the judiciary's tentative plans for the months - [Court Rules Involuntary Non-disparaging Clauses Unconstitutional](https://www.berid-schutzbank.com/court-rules-involuntary-non-disparaging-clauses-unconstitutional/) - The Massachusetts Supreme Judicial Court (SJC), on a case of direct appellate review, recently ruled (May 7, 2020) that involuntary nondisparaging clauses are an "impermissible restraint on speech." Shak v. Shak, SJC-2748. These types of clauses are frequently used to prevent spouses from discussing their cases on social media. The Court held: "As important as - [Court Rules Involuntary Nondisparaging Clauses Unconstitutional](https://www.berid-schutzbank.com/court-rules-involuntary-nondisparaging-clauses-unconstitutional/) - The Supreme Judicial Court (SJC), on a case of direct appellate review, recently ruled (May 7, 2020) that involuntary nondisparaging clauses are an “impermissible restraint on speech.” Shak v. Shak, SJC-2748. These types of clauses are frequently used to prevent spouses from discussing their cases on social media. The Court held: “As important as it - [Contemplating Your Estate Plan During Covid-19](https://www.berid-schutzbank.com/contemplating-your-estate-plan-during-covid-19/) - Get Your Affairs in Order For most of us, coronavirus and the threat it poses has made us contemplate the status of our estate plans. As thousands of people in the Commonwealth have died of COVID-19 and its complications, many thousands more are ill, and many, many thousands more face unemployment and financial hardship. There - [Middlesex Probate and Family Court Announces Their Move to a Second Location in the Lowell Justice Center under Emergency Closure Protocols](https://www.berid-schutzbank.com/middlesex-probate-and-family-court-announces-their-move-to-a-second-location-in-the-lowell-justice-center-under-emergency-closure-protocols/) - On May 4, 2020, the Middlesex Probate and Family Court entered a historic phase in its service to the people of Middlesex County when it completed the move of half their operation to a new location in the Lowell Justice Center. Originally expecting large numbers of attorneys and litigants to take advantage of the increased - [Middlesex Juvenile and Probate & Family Court Closed](https://www.berid-schutzbank.com/middlesex-juvenile-and-probate-family-court-closed/) - A Trial Court employee who works at the Cambridge courthouses for the Middlesex Juvenile and Probate & Family Courts has tested positive for coronavirus. The courthouses will be closed temporarily for thorough cleaning and you will be notified when the reopening date is determined. As recommended by the Massachusetts Department of Public Health, those working - [Modification of Child Support due to job loss and COVID-19](https://www.berid-schutzbank.com/modification-of-child-support-due-to-job-loss-and-covid-19/) - Times Are Tough The spread of COVID-19 has thrown the certainties of life into disarray. Unfortunately, this uncertainty has had a devastating impact on both the stock market and the everyday commerce that sustains the economy. Freelancers, drivers, hotel, restaurant workers and many others now find themselves physically or legally barred from working. The layoffs - [Divorcing During COVID-19](https://www.berid-schutzbank.com/divorcing-during-covid-19/) - When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you've been contemplating divorce for a while or the stress of recent events has become the straw to break the camel's back, so to speak, our law firm can help you understand the divorce process and your options. - [Staying Safe and Saying NO to Domestic Abuse During COVID-19](https://www.berid-schutzbank.com/staying-safe-and-saying-no-to-domestic-abuse-during-covid-19/) - Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm's way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine - [Co-parenting in the Face of Coronavirus](https://www.berid-schutzbank.com/co-parenting-in-the-face-of-coronavirus/) - Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable. Rest assured, custody and parenting time Orders are in effect and continue to be enforceable during - [Covid-19 Update: Massachusetts RMV Extends Plate Registrations and Vehicle Inspections](https://www.berid-schutzbank.com/covid-19-update-massachusetts-rmv-extends-plate-registrations-and-vehicle-inspections/) - The Massachusetts Registry of Motor Vehicles (RMV) announced that effective April 1, 2020, all passenger plate registrations and vehicle inspections that expired in March or will expire in April have been extended for sixty days. For more information, please visit the RMV website for more information. - [SJC Issues Order Restricting Court Appearances to Emergency Matters Until May 4](https://www.berid-schutzbank.com/sjc-issues-order-restricting-court-appearances-to-emergency-matters-until-may-4/) - In light of the ongoing and urgent public health concerns regarding the COVID-19 (coronavirus) pandemic, the Supreme Judicial Court (SJC) today issued an Order that continues to restrict the number of people coming to Massachusetts state courthouses. Effective April 6, 2020, the new order repeals and replaces two earlier court orders; the Order Regarding Empanelment - [Attorney Eric Schutzbank Named 2025 Super Lawyer](https://www.berid-schutzbank.com/attorney-eric-schutzbank-named-2025-super-lawyer/) - We are proud to share that Attorney Eric Schutzbank has been named to the 2025 Massachusetts Super Lawyers list—a distinction earned by no more than five percent of attorneys across the Commonwealth. Super Lawyers, a Thomson Reuters publication, is a nationally recognized rating service that identifies outstanding attorneys through a rigorous, research-driven, and peer-influenced selection - [Attorney Eric Schutzbank Named 2021 Super Lawyer](https://www.berid-schutzbank.com/attorney-eric-schutzbank-named-2021-super-lawyer/) - We are pleased to announce that Eric Schutzbank has been selected to the 2021 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high - [Attorney Eric Schutzbank Named as a 2020 Super Lawyer](https://www.berid-schutzbank.com/attorney-eric-schutzbank-named-as-a-2020-super-lawyer/) - We are pleased to announce that Eric Schutzbank has been selected to the 2020 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high - [Jumpstarting Your Practice: A Roadmap to Success](https://www.berid-schutzbank.com/jumpstarting-your-practice-a-roadmap-to-success/) - Friday, February 1, 2013, 9:00 a.m. to 5:00 p.m. Suffolk University Law School (download flyer) Sponsored with Guerrier & Associates, P.C. Whatever your reasons for starting your own law practice, you need to think about being both the generator of a business and its chief source of revenue. Therefore, you will need to give the - [Attorney Schutzbank Named 2010 Massachusetts Rising Star by Super Lawyers](https://www.berid-schutzbank.com/attorney-schutzbank-named-2010-massachusetts-rising-star-by-super-lawyers/) - Berid & Schutzbank is proud to announce that Attorney Eric Schutzbank was recently named as a 2010 Massachusetts Rising Star by Super Lawyers Magazine. The Rising Star accommodation recognizes the top up-and-coming attorneys in the state, for those who are 40 years old or younger. Rising Star attorneys are selected based upon a variety of - [Divorce and Custody and Child Support](https://www.berid-schutzbank.com/divorce-and-custody-and-child-support/) - The People's Law School November 3, 2009 - 6:30 pm to 8:30 pm Panel Discussion: Divorce and Custody and Child Support Panelists: Judge Maryanne Sahagian, Attorneys Maxa Berid, Karen Levitt, and Margaret Reily Location: Federal Building, Assembly Hall 50, Kearney Square, Lowell, MA Contact the Berid & Schutzbank if you have any questions about an - [Divorce Webinar: Domestic Abuse and Financial Safety](https://www.berid-schutzbank.com/divorce-webinar-domestic-abuse-and-financial-safety/) - June 10th, Wednesday 2:00 – 2:45 PM Learn more: Divorce Webinar Info Register here: registration Open to the Public Experts predict the divorce floodgates will open when society reopens, especially with domestic violence on the rise during these COVID 19 times. Are you aware of someone who is in an abusive situation or contemplating divorce? - [Divorce Webinar: How to Overcome Parenting Challenges & Court Delays during Covid-19](https://www.berid-schutzbank.com/divorce-webinar-how-to-overcome-parenting-challenges-court-delays-during-covid-19/) - July 2, Wednesday 2:00 – 2:45 PM Learn more: Divorce Webinar Info Register here: registration Open to the Public Co-parenting in the best of times is challenging. This is the worst of times: COVID-19, no school or camp, unemployment. What can parents do? With courts essentially closed, what resources can families turn to resolve their - [2020 Divorce Webinar - Co-Parenting During Covid Pandemic](https://www.berid-schutzbank.com/2020-divorce-webinar-co-parenting-during-covid-pandemic/) - Attorney Eric Schutzbank discusses the challenges of co-parenting during the ongoing pandemic and how to access Court if absolutely necessary while the Massachusetts Courts are opened on a limited basis. - [Attorney Eric Schutzbank Named as a 2020 Super Lawyer](https://www.berid-schutzbank.com/attorney-eric-schutzbank-named-as-a-2020-super-lawyer-2/) - We are pleased to announce that Eric Schutzbank has been selected to the 2020 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high - [Attorney Eric Schutzbank Named 2024 Super Lawyer](https://www.berid-schutzbank.com/attorney-eric-schutzbank-named-2024-super-lawyer/) - We are pleased to announce that Eric Schutzbank has been selected to the 2024 Massachusetts Super Lawyer list. - [Attorney Eric Schutzbank Named 2023 Super Lawyer](https://www.berid-schutzbank.com/attorney-eric-schutzbank-named-2023-super-lawyer/) - We are pleased to announce that Eric Schutzbank has been selected to the 2023 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high - [Attorney Eric Schutzbank Named 2022 Super Lawyer](https://www.berid-schutzbank.com/attorney-eric-schutzbank-named-2022-super-lawyer/) - We are pleased to announce that Eric Schutzbank has been selected to the 2022 Massachusetts Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the Commonwealth. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high - [Please join Attorney Eric Schutzbank, Esq. Tuesday, June 6](https://www.berid-schutzbank.com/please-join-attorney-eric-schutzbank-esq-tuesday-june-6/) - Please join the Massachusetts Bar Association’s Family Law Section, where Attorney Eric Schutzbank, Esq. will be presenting: Managing the Madness: How to Effectively Deal with the Stress of Family Law Practice Tuesday, June 6, noon - 1 p.m. Click here to register. - [Announcement: Opening of Suffolk Probate and Family Court Satellite Office in Chelsea](https://www.berid-schutzbank.com/announcement-opening-of-suffolk-probate-and-family-court-satellite-office-in-chelsea/) - Suffolk Probate and Family Court has opened a satellite office at the Chelsea District Court, located at 120 Broadway, Chelsea, MA 02150. This satellite office will commence operations on Tuesday, May 14th, 2024. The Chelsea Satellite office will offer all registry services available at our Boston office. This includes accepting filings for new matters, collecting - [Attorney Eric Schutzbank To Receive Leadership Award](https://www.berid-schutzbank.com/attorney-eric-schutzbank-to-receive-leadership-award/) - We are proud to announce that Attorney Eric Schutzbank of Berid & Schutzbank has been selected as the recipient of The Lawrence Bar Association's prestigious Leadership Award. This distinguished honor will be presented at the Fall Dinner on November 7, 2024, at the Andover Country Club, where Judge Kerry Ahern will serve as the keynote - [Thursday, February 27, 2025 - Flying High: Litigating Addiction Issues in Family Law](https://www.berid-schutzbank.com/thursday-february-27-2025-flying-high-litigating-addiction-issues-in-family-law/) - The focus is on how to proceed when substance use issues are present in a child custody case or child protection matter. Due to lack of understanding about addiction, courts often impose conditions and interventions that are contrary to best practices and addiction research. Uninformed court responses can destabilize parent-child relationships, negatively impact coparenting, and - [Massachusetts Releases Major Update to Child Support Guidelines, Effective December 2025](https://www.berid-schutzbank.com/massachusetts-releases-major-update-to-child-support-guidelines-effective-december-2025/) - The Massachusetts Trial Court has unveiled a revised set of Child Support Guidelines that will go into effect on December 1, 2025—marking the most substantial overhaul since 2021. These guidelines shape how child support is calculated in Massachusetts, offering a uniform starting point for determining what one parent must contribute to meet a child’s needs. - [Now Hiring: Associate Attorney](https://www.berid-schutzbank.com/now-hiring-associate-attorney/) - Now Hiring: Associate Attorney (Family Law) 📍 Merrimack Valley | North Andover, Massachusetts Berid & Schutzbank, a well-established family law firm located in North Andover, is seeking a motivated Associate Attorney to join our growing practice. This is an excellent opportunity for an attorney seeking hands-on experience, mentorship, and meaningful client interaction within a supportive, - [Do I Need a Lawyer for an Uncontested Divorce in Massachusetts?](https://www.berid-schutzbank.com/do-i-need-a-lawyer-for-an-uncontested-divorce-in-massachusetts/) - Many spouses who agree on the terms of their separation ask whether hiring an attorney is really necessary. If everything is amicable, it may seem straightforward to file paperwork and move on. However, even in a cooperative case, divorce is still a legal process with long-term financial and parental consequences. This article answers common questions - [Do the Holidays Affect Child Support and Financial Responsibilities?](https://www.berid-schutzbank.com/do-the-holidays-affect-child-support-and-financial-responsibilities/) - The holiday season often brings added financial pressure for families. Gifts, travel, school breaks, and seasonal activities can quickly increase expenses. For separated or divorced parents, these added costs sometimes lead to confusion or disagreement about child support obligations. Understanding how child support works during the holidays can help parents manage expectations, reduce conflict, and - [Navigating the Christmas Holiday Season as Separated Parents](https://www.berid-schutzbank.com/navigating-the-christmas-holiday-season-as-separated-parents/) - The Christmas holiday season is often portrayed as a time filled with joy, celebration, and togetherness. But for separated or newly divorced parents, it can also bring feelings of stress, sadness, and uncertainty—especially when it comes to sharing time with children and creating holiday plans. While the season may look different than it once did, - [Why the Collaborative Law Process Is Often Preferable to Litigation in Divorce](https://www.berid-schutzbank.com/why-the-collaborative-law-process-is-often-preferable-to-litigation-in-divorce/) - Divorce is rarely easy, but the way couples choose to navigate the separation can profoundly influence their emotional well-being, financial stability, and long-term family relationships. While traditional litigation remains the default path for many, an increasing number of divorcing spouses are turning to the Collaborative Law Process as a healthier, more constructive alternative. This team-based, settlement-focused model - [What Happens to Retirement Accounts in a Massachusetts Divorce?](https://www.berid-schutzbank.com/what-happens-to-retirement-accounts-in-a-massachusetts-divorce/) - When couples divorce in Massachusetts, one of the most important financial questions that arises is what happens to retirement accounts. Whether you have a pension, 401(k), IRA, or another type of retirement plan, these assets are often among the largest marital holdings with the exception of the marital home. Dividing retirement assets can be complex. - [Divorce Later in Life: What Empty Nesters in Massachusetts Need to Know](https://www.berid-schutzbank.com/divorce-later-in-life-what-empty-nesters-in-massachusetts-need-to-know/) - Why “Gray Divorce” Is on the Rise Divorce among couples over the age of 50—often referred to as “gray divorce” or “empty nester divorce”—has become increasingly common in recent years. In Massachusetts, many long-married couples are choosing to separate and divorce after their children have grown and moved out. Without the shared responsibilities of parenting, - [What Happens to the Marital Home During a Massachusetts Divorce?](https://www.berid-schutzbank.com/what-happens-to-the-marital-home-during-a-massachusetts-divorce/) - The marital home is a significant financial and emotional asset. In Massachusetts, courts strive for equitable distribution, factoring in contributions, finances, custody, and fairness—not simply dividing assets 50/50. Options typically include selling the home, one spouse buying out the other, or creating arrangements that support children’s stability. Temporary orders during proceedings and financial realities like - [What It Means to Be Served Divorce Papers in Massachusetts](https://www.berid-schutzbank.com/what-it-means-to-be-served-divorce-papers-in-massachusetts/) - Being served with divorce papers can be an emotionally jarring experience. Whether expected or not, receiving official notice of a spouse’s intent to file for divorce marks the beginning of a legal process that can significantly impact your future. In Massachusetts, the act of “being served” is a formal and necessary part of initiating a - [Should I consider divorce mediation instead of litigation?](https://www.berid-schutzbank.com/should-i-consider-divorce-mediation-instead-of-litigation/) - Divorce can be a lengthy, expensive and emotionally draining process, particularly when parties end up in court fighting over assets and children. It can also feel like an invasion of privacy since most divorce filings and proceedings are a matter of public record. If you are anxious about these issues, mediation might be something worth - [Filing your taxes for the first time post-divorce? Here’s what to know](https://www.berid-schutzbank.com/filing-your-taxes-for-the-first-time-post-divorce-heres-what-to-know/) - Doing your income taxes is complicated enough as it is. But if you are recently divorced, you can expect your taxes to become more complicated, at least the first time you file. This is because your change in legal status can have considerable tax consequences, depending on the terms of your divorce. The first major - [Supervised visitation: when is it necessary and how does it work?](https://www.berid-schutzbank.com/supervised-visitation-when-is-it-necessary-and-how-does-it-work/) - Supervised visitation is a court-ordered arrangement that a court might order in which a neutral third-party adult, such as a social worker or child development expert, supervises visits between a child and the non-custodial parent. This usually takes place in a designated location agreed upon by the parties. Though supervised visitation is nobody’s preferred arrangement - [Legal Protections for Victims of Domestic Violence in Massachusetts Expanded to Include Coercive Control](https://www.berid-schutzbank.com/legal-protections-for-victims-of-domestic-violence-in-massachusetts-expanded-to-include-coercive-control/) - Domestic violence is a pervasive issue that affects individuals and families across Massachusetts. To protect victims and ensure their safety, the state provides various legal remedies and resources. Understanding these protections is critical for those seeking to escape abusive situations and for individuals navigating related family law matters. This article explores key legal protections, including abuse prevention - [Co-Parenting After Divorce in Massachusetts – Understanding Court Orders and Legal Requirements](https://www.berid-schutzbank.com/co-parenting-after-divorce-in-massachusetts-understanding-court-orders-and-legal-requirements/) - Co-parenting after divorce is crucial for a child’s stability and well-being, with Massachusetts law providing guiding principles to support healthy family dynamics. Court orders related to co-parenting define each parent’s rights and responsibilities, ensuring both contribute to the child’s upbringing even after separation. These family law legal measures aim to foster collaboration, reduce conflict, and - [Millennials Are Turning to Prenuptial Agreements](https://www.berid-schutzbank.com/millennials-are-turning-to-prenuptial-agreements/) - A prenuptial agreement, or “prenup,” is a contract that a couple signs prior to their marriage laying out what each spouse is entitled to in the event of divorce. While prenups historically have been stigmatized as a vehicle for wealthy, famous and powerful people to protect their riches from “gold-diggers,” in reality they’re a useful - [How Should I Prepare For My Custody Evaluation?](https://www.berid-schutzbank.com/how-should-i-prepare-for-my-custody-evaluation/) - In many divorces, parents have a good enough relationship to work out child custody issues amicably. But in many cases, highly charged emotions, legitimate concerns about the other parent’s fitness, or one parent’s lack of cooperation make this impossible. In those cases, the court might appoint an evaluator — usually a psychologist, psychiatrist or social - [Grandparent Rights Can Depend On The Circumstance](https://www.berid-schutzbank.com/grandparent-rights-can-depend-on-the-circumstance/) - The impact of divorce when children are involved is emotionally wrenching enough for parents. But grandparents can be equally impacted, particularly if, say, a former son- or daughter-in-law blocks them from seeing their grandchildren. In such circumstances, can grandparents go to court to demand regular visits and a say in how their grandchildren are being - [Is ‘parallel parenting’ right for you and your ex?](https://www.berid-schutzbank.com/is-parallel-parenting-right-for-you-and-your-ex/) - In many divorces involving children where both parents plan to take an active role in their kids’ lives, the divorcing couple enters a “co-parenting” relationship in which they make important decisions about education, health care and activities their children are involved in together. They also maintain similar rules, reward systems and consequences in their respective - [Unique legal issues that face blended families](https://www.berid-schutzbank.com/unique-legal-issues-that-face-blended-families/) - According to recent data from the Pew Research Center, 16 percent of children in America live in blended families that include either a stepparent, a stepsibling or a half-sibling. Meanwhile, 40 percent of American families may be considered “blended” with one partner having a child from a prior relationship. With blended families, however, come unique - [Court May Use Saving Habits When Determining Alimony](https://www.berid-schutzbank.com/court-may-use-saving-habits-when-determining-alimony/) - In awarding alimony, a divorce court will usually set the amount at a level that enables both former spouses to live the same quality of life they lived during the marriage. But if a recent ruling from the highest court in Massachusetts serves as any indication, a couple’s habit of saving for a “rainy day” - [Ensuring Your Business Remains Separate Property in Divorce](https://www.berid-schutzbank.com/ensuring-your-business-remains-separate-property-in-divorce/) - In Massachusetts, when a couple divorces, the court divides up “marital” property acquired during the marriage in a manner it deems most fair and equitable. Each spouse, however, gets to keep “separate” property — in other words, property the spouse owned before the marriage that they brought into the marriage, as well as individual gifts - [When Should You Seek a Child Custody Modification in Massachusetts?](https://www.berid-schutzbank.com/when-should-you-seek-a-child-custody-modification-in-massachusetts/) - When a Massachusetts couple split up, they agreed to a child custody order for their two children under which the father had the kids from 4 p.m. Sunday until after school on Wednesdays, and the mother had them from after school on Wednesdays until after school on Fridays. The agreement also called for the kids - [How to Prepare for Divorce Mediation](https://www.berid-schutzbank.com/how-to-prepare-for-divorce-mediation/) - An increasing number of couples are choosing to mediate their divorce rather than have divorce lawyers duke things out in court. This entails meeting in sessions with a trained divorce mediator — often a family law attorney who has been certified to do this — to work out such issues as custody, property division and - [Co-Parenting Arrangements After Divorce in Massachusetts](https://www.berid-schutzbank.com/co-parenting-arrangements-after-divorce-in-massachusetts/) - In Massachusetts, co-parenting arrangements are typically outlined in a parenting plan, which is part of the final divorce decree. This plan specifies each parent's responsibilities regarding their children's living arrangements, education, healthcare, and other important aspects of daily life. Massachusetts law emphasizes the best interests of the children, guiding all decisions related to custody and - [Why You Need Guardianship When Your Neurodivergent Child or Child with Disabilities Turns 18](https://www.berid-schutzbank.com/why-you-need-guardianship-when-your-neurodivergent-child-or-child-with-disabilities-turns-18/) - As your neurodivergent child or child with disabilities approaches the age of 18, you may be faced with an important decision: whether to pursue guardianship. While it's natural to want to protect and care for your child, guardianship becomes crucial once they reach adulthood, especially if they are unable to make decisions or manage their - [Protected Persons' Rights and Freedoms Under Guardianship](https://www.berid-schutzbank.com/protected-persons-rights-and-freedoms-under-guardianship/) - Guardianship is a legal arrangement that grants an individual or entity the authority to make decisions on behalf of someone who is incapacitated or unable to make decisions independently. While guardianship provides essential protection and support for individuals in need, it's essential to understand that protected persons still retain certain rights and freedoms under guardianship. - [How to Get Guardianship for your Neurodivergent Adult Child or Adult Child with Disabilities](https://www.berid-schutzbank.com/how-to-get-guardianship-for-your-neurodivergent-adult-child-or-adult-child-with-disabilities/) - When a child with disabilities reaches the age of majority, typically 18 years old, parents may need to consider pursuing guardianship to continue making important decisions on their child's behalf. Guardianship grants legal authority to a guardian to make decisions related to healthcare and other important matters for an individual who is incapacitated or unable - [Understanding Massachusetts Co-Parenting Laws: Legal Insights](https://www.berid-schutzbank.com/understanding-massachusetts-co-parenting-laws-legal-insights/) - Understanding co-parenting laws in Massachusetts after a divorce or separation can be challenging, but with the right approach and understanding of Massachusetts laws, it can be managed effectively. As a family law attorney, Attorney Schutzbank is committed to helping parents navigate this complex terrain. In this article, I provide essential tips and legal insights on - [Prenuptial and Postnuptial Agreements in Massachusetts](https://www.berid-schutzbank.com/prenuptial-and-postnuptial-agreements-in-massachusetts/) - When it comes to safeguarding assets and interests in marriage, prenuptial and postnuptial agreements are invaluable tools. Understanding the significance of these agreements in protecting financial security and peace of mind is crucial. Prenuptial Agreements: Anticipating the Future Prenuptial agreements, commonly known as prenups, are legal contracts entered into by couples before marriage, outlining the - [Contempt of Court in Family Law Cases: Consequences and Remedies in Massachusetts](https://www.berid-schutzbank.com/contempt-of-court-in-family-law-cases-consequences-and-remedies-in-massachusetts/) - Court orders are not suggestions but legal obligations. When one party fails to comply with court orders, it can lead to contempt of court proceedings. In Massachusetts, understanding the ramifications of contempt in family law cases is crucial. As an experienced family law attorney in Massachusetts, Attorney Schutzbank can shed light on this complex issue, - [Protecting Your Business in Divorce: Strategies for Business Owners in Massachusetts](https://www.berid-schutzbank.com/protecting-your-business-in-divorce-strategies-for-business-owners-in-massachusetts/) - Divorce can be a complex and emotionally challenging process, especially when a business is involved. For business owners in Massachusetts, protecting their business interests during divorce proceedings is paramount. Understanding the state's laws and regulations regarding property division and asset protection is crucial for safeguarding the future of the business. Understanding Massachusetts Property Division Laws - [Divorce as Homemaker After 20+ Years of Marriage](https://www.berid-schutzbank.com/divorce-as-homemaker-after-20-years-of-marriage/) - Divorce is a life-altering event, particularly for homemakers who have dedicated decades to raising their children and managing the household. After 20+ years of marriage, the prospect of starting over can be overwhelming. - [The Need For Savings & Alimony Orders](https://www.berid-schutzbank.com/the-need-for-savings-alimony-orders/) - When one thinks of alimony under Massachusetts, one general thinks about the ability of the Payor to pay and the needs of the Recipient to receive alimony. The ability to pay is determined by the income and expenses (and occasionally assets) of the Payor and the need is based on the expenses, income and possibly - [How might divorce impact my health insurance?](https://www.berid-schutzbank.com/how-might-divorce-impact-my-health-insurance/) - Divorce is a highly stressful process that brings up many potential issues. One that causes particular uncertainty is health insurance, both during the divorce process and after the divorce is final. A common question is whether your spouse can drop you from the employee health plan once one of you have filed for divorce. The - [Modifying Child Custody and Parenting Plan Orders in Massachusetts: When and How to Seek Changes](https://www.berid-schutzbank.com/modifying-child-custody-and-parenting-plan-orders-in-massachusetts-when-and-how-to-seek-changes/) - Navigating child custody matters can be a challenging journey for parents. In Massachusetts, as in many other states, child custody orders are not set in stone and can be modified under certain circumstances. Understanding the Initial Child Custody Order Before delving into modifications, it's crucial to understand the dynamics of the initial child custody order - [Portion of husband’s workers’ comp settlement properly deemed separate property](https://www.berid-schutzbank.com/portion-of-husbands-workers-comp-settlement-properly-deemed-separate-property/) - With rare exceptions, money and property that comes into a marriage are marital assets that get divided in divorce. A recent North Carolina Court of Appeals case is one such exception. That case involved a man who got hurt at work a year after he and his wife married. He received a $589,000 lump sum - [How might Venmo, PayPal and Zelle impact my divorce?](https://www.berid-schutzbank.com/how-might-venmo-paypal-and-zelle-impact-my-divorce/) - Mobile payment apps have impacted our lives in countless ways. Instead of needing to carry cash and break big bills to split restaurant tabs, someone just puts it on their card and everyone “Venmos” them their share. Venmo and other apps, such as PayPal and Zelle, also make it easier for roommates to split expenses, - [What is ‘supervised custody exchange’ and how does it work?](https://www.berid-schutzbank.com/what-is-supervised-custody-exchange-and-how-does-it-work/) - One of the most emotionally fraught parts of a divorce can be the “custody exchange” in which one parent hands the child off to the other. If there’s a lot of unresolved emotional pain and recrimination left over from a marriage that didn’t work out, it can make for a tense or even explosive situation. - [Can I renegotiate my prenup, which now feels inequitable?](https://www.berid-schutzbank.com/can-i-renegotiate-my-prenup-which-now-feels-inequitable/) - In this day and age, many people put off marriage until they have established themselves in their careers and built up a measure of financial stability. This means more people bring with them assets they wish to protect should the marriage not work out. Prenuptial agreements — written contracts executed by marrying couples laying out - [Stopping a divorce once you’ve already filed: Can it be done?](https://www.berid-schutzbank.com/stopping-a-divorce-once-youve-already-filed-can-it-be-done/) - Going to court to end a marriage is a drastic, life-changing decision that in a perfect world would come after significant deliberation and made with absolute certainty. But life is messy, and what may seem like the right decision in the moment may quickly bring second thoughts. If you find yourself in a situation in - [Grandparents' Rights in Massachusetts: Seeking Custody or Visitation](https://www.berid-schutzbank.com/grandparents-rights-in-massachusetts-seeking-custody-or-visitation/) - Navigating family law can be complex, especially when it comes to issues involving grandparents' rights. In Massachusetts, grandparents may find themselves in situations where they want to pursue custody or visitation rights. Understanding the legal framework is crucial for making informed decisions. As an experienced family law attorney in Massachusetts, Attorney Schutzbank can shed light - [Your Rights as a Passenger in a Traffic Stop in Massachusetts](https://www.berid-schutzbank.com/your-rights-as-a-passenger-in-a-traffic-stop-in-massachusetts/) - When a vehicle is pulled over by law enforcement, it is not uncommon for the police to ask passengers for identification. However, as a passenger, you are not obligated by law to provide your license or identification to the police unless you are suspected of a crime or the police have a reasonable suspicion that - [Divorcing Later in Life - Navigating the Legal Challenges](https://www.berid-schutzbank.com/divorcing-later-in-life-navigating-the-legal-challenges/) - What is a Gray Divorce Gray divorce refers to the dissolution of a marriage involving individuals typically aged 50 and older. These divorces often come after decades of marriage, making them distinct from divorces that occur earlier in life. Legal Considerations in Massachusetts If you have been married for 20+ years and contemplating divorce in - [Alimony Laws in Massachusetts: Duration, Calculation, and Modification](https://www.berid-schutzbank.com/alimony-laws-in-massachusetts-duration-calculation-and-modification/) - Navigating the complexities of divorce and alimony can be overwhelming, which is why we are here to provide you with a comprehensive guide to alimony laws in Massachusetts. In this article, we will discuss the duration, calculation, and modification of alimony, helping you gain a better understanding of your rights and responsibilities during this challenging - [What is the Bill of Rights?](https://www.berid-schutzbank.com/what-is-the-bill-of-rights/) - The Bill of Rights refers to the first ten amendments to the United States Constitution. It was added to the Constitution shortly after its ratification in order to address concerns raised by the Anti-Federalists, who felt that the original Constitution did not sufficiently protect individual rights and liberties. The Bill of Rights was ratified on - [Can I travel outside the state with my child during divorce proceedings?](https://www.berid-schutzbank.com/can-i-travel-outside-the-state-with-my-child-during-divorce-proceedings/) - If you’re going through a divorce and want to travel out of state with your child, call a family lawyer, because there may be restrictions on your ability to take your child out of state. The first thing you and your lawyer would do is review the parenting plan that was probably established at the - [Understanding Divorce Laws in Massachusetts: A Comprehensive Guide](https://www.berid-schutzbank.com/understanding-divorce-laws-in-massachusetts-a-comprehensive-guide/) - Divorce can be a challenging and emotional process, but having a solid understanding of the divorce laws in your state can help you navigate the legal complexities more effectively. If you are considering or going through a divorce in Massachusetts, this comprehensive guide will provide you with valuable information about the divorce laws specific to - [Real estate purchased with personal assets deemed community property](https://www.berid-schutzbank.com/real-estate-purchased-with-personal-assets-deemed-community-property/) - Property acquired during a marriage is generally considered “community” or “marital” property that gets divided during a divorce. Meanwhile, property a spouse brings into the marriage or receives as a personal gift or inheritance from a family member generally stays with that spouse as “separate” property. A recent Texas case, however, provides some insight into - [Court applies ‘mature child’ test in international custody dispute](https://www.berid-schutzbank.com/court-applies-mature-child-test-in-international-custody-dispute/) - A federal judge has decided that a 13-year-old boy who didn’t want to return to his mother in Germany could stay with his father in Rhode Island until the parents’ custody dispute was resolved. The couple was married in the U.S. in 2007 and their son, “E.C.,” was born two years later. The parents divorced - [What should you do if you’re being denied time with your grandkids?](https://www.berid-schutzbank.com/what-should-you-do-if-youre-being-denied-time-with-your-grandkids/) - “Grandparent estrangement” refers to grandparents being prevented from seeing and maintaining a relationship with their grandchildren. It can happen after a divorce, when the custodial parent blocks their former in-laws from access to the children. It can also happen when the grandparents’ own children don’t want the grandparents in their kids’ lives. If you’re in - [Should kids testify in custody cases?](https://www.berid-schutzbank.com/should-kids-testify-in-custody-cases/) - In the classic 1979 film Kramer vs. Kramer, mother Joanna Kramer (played by Meryl Streep) abruptly left her husband Ted (played by Dustin Hoffman), forcing him to care for their young son on his own. She returned more than a year later and demanded sole custody. A judge granted her request, based on a now-outdated - [27,000 drunken driving cases in jeopardy](https://www.berid-schutzbank.com/27000-drunken-driving-cases-in-jeopardy/) - The Supreme Judicial Court (SJC, the highest Court in Massachusetts) has recently issued a ruling on the case of Commonwealth v. Hallinan in which it found that breathalyzer testing machines were improperly calibrated. This could result in tens of thousands of convictions being overturned and/or dismissed. The SJC found “egregious government misconduct” as some state - [Understanding Residency Requirements for Filing for Divorce in Massachusetts](https://www.berid-schutzbank.com/understanding-residency-requirements-for-filing-for-divorce-in-massachusetts/) - Getting a divorce is a challenging experience, and the laws surrounding divorce can be overwhelming. One of the most crucial requirements for filing for divorce in Massachusetts is meeting the residency requirements. If you are contemplating a divorce and are unsure of the residency requirements in Massachusetts, read on to learn the essential information on - [Consequence of Refusing Field Sobriety Tests in Massachusetts](https://www.berid-schutzbank.com/consequence-of-refusing-field-sobriety-tests-in-massachusetts/) - Field sobriety tests are a common tool used by law enforcement officers to determine whether a driver is under the influence of alcohol. In Massachusetts, if you are pulled over on suspicion of drunk driving, you may be asked to perform a field sobriety test. While these tests can be useful in determining whether someone - [Ex-wife gets spouse’s retirement account after his death](https://www.berid-schutzbank.com/ex-wife-gets-spouses-retirement-account-after-his-death/) - A recent Rhode Island case should send a clear message to those getting divorced that they need to go through all their insurance policies, retirement accounts, and estate planning documents to see who they have listed as their beneficiary. If they see that their soon-to-be ex-spouse or new ex-spouse is still listed and they don’t - [How prenups have changed over time](https://www.berid-schutzbank.com/how-prenups-have-changed-over-time/) - Sixty-two percent of attorneys polled in a recent survey conducted by the American Academy of Matrimonial Lawyers reported that they have seen a significant increase in the number of clients seeking prenuptial agreements over the past several years. Other reports indicate that the total number of prenups has increased fivefold over the past 20 years. - [Social Security benefits often forgotten in divorce](https://www.berid-schutzbank.com/social-security-benefits-often-forgotten-in-divorce/) - If you’re going through a divorce, you are likely focused on what’s going to happen to the marital home, cars, credit card bills, joint bank accounts, home furnishings, and perhaps vacation home. But it’s common for people to overlook another important potential asset: their spouse’s Social Security benefits. If you have been married to your - [Courts can address important issues quickly with a ‘pendente lite’ hearing](https://www.berid-schutzbank.com/courts-can-address-important-issues-quickly-with-a-pendente-lite-hearing/) - The divorce process can take a long time — anywhere from several months to several years, depending on the complexity of the issues and the level of conflict. However, certain issues may need to be addressed more quickly than that. That’s where a “pendente lite” hearing comes in. What does that mean? Translated from Latin, - [Own a business and getting divorced? Beware of common mistakes](https://www.berid-schutzbank.com/own-a-business-and-getting-divorced-beware-of-common-mistakes/) - Splitting up a couple’s property in a divorce can be tricky and contentious. But when either or both spouses own a business, it can take things to another level, making the process of untangling debts and assets even more complicated. There are also a lot of mistakes that business owners tend to make when going - [Massachusetts SJC Cavanaugh Decision Changes Alimony and Child Support Calculations](https://www.berid-schutzbank.com/massachusetts-sjc-cavanaugh-decision-changes-alimony-and-child-support-calculations/) - The Supreme Judicial Court's recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts Probate & Family Court cases. The Court's decision, which was issued in June 2022, has significantly revised the way in which income is considered when determining whether - [Aggravated Assault in Massachusetts: Definition, Types, Penalties, and the Importance of Hiring a Criminal Defense Attorney](https://www.berid-schutzbank.com/aggravated-assault-in-massachusetts-definition-types-penalties-and-the-importance-of-hiring-a-criminal-defense-attorney/) - Assault is a serious crime that involves intentionally causing or attempting to cause harm to another person. When the assault is carried out with a weapon or causes serious bodily injury, it is known as aggravated assault. In Massachusetts, aggravated assault is a felony offense that carries severe penalties, including imprisonment, fines, and a criminal - [Appraising the Value of a Small Business in a Massachusetts Divorce](https://www.berid-schutzbank.com/appraising-the-value-of-a-small-business-in-a-massachusetts-divorce/) - When it comes to dividing assets in a divorce case, the value of a small business can be one of the most challenging assets to appraise. In Massachusetts, the value of a small business is determined by the court based on a variety of factors including the income generated by the business, the assets of - [Estate Planning Checklist For Divorce](https://www.berid-schutzbank.com/estate-planning-checklist-for-divorce/) - Divorce can be challenging. Even if both parties are on board, divorce is a significant life shift, and with that comes stress, uncertainty, and change. As your needs, priorities, and goals take on a new course, one thing you don’t want to overlook is your estate plan. Estate plans typically contain important documents regarding your - [Stock options not shareable in divorce](https://www.berid-schutzbank.com/stock-options-not-shareable-in-divorce/) - A recent case from Massachusetts shows that being as clear as possible with your attorney about your wishes when negotiating a separation agreement will help you greatly should a dispute arise later on. In that case, a divorcing couple negotiated a separation agreement that merged into their divorce agreement under which the husband, a corporate - [Court voids romantic restrictions in divorce agreement](https://www.berid-schutzbank.com/court-voids-romantic-restrictions-in-divorce-agreement/) - Many divorcing parents are concerned about new romantic interests in the lives of their soon-to-be-ex-spouses and the potential introduction of these strangers to their children. Some may even want to incorporate language into their divorce agreements restricting the ability of an ex-spouse to introduce a new boyfriend or girlfriend to their children. A recent decision - [Can divorcing couples keep divorce records private?](https://www.berid-schutzbank.com/can-divorcing-couples-keep-divorce-records-private/) - In the Internet age, we’ve all gotten used to less privacy. But one thing few of us are comfortable with is the idea of our divorce being public. Unfortunately, divorce filings are generally considered a matter of public record. Additionally, divorce hearings are open to the public, which means just about anyone off the street - [Beware Social Security’s remarriage rule](https://www.berid-schutzbank.com/beware-social-securitys-remarriage-rule/) - If you’re middle-aged and thinking of getting remarried, be very careful about how you time your nuptials. That’s because whether you get married before the day you turn 60 or after the day you turn 60 could impact your eligibility for survivor benefits from a prior marriage. Under Social Security rules, if you get remarried - [Rights of long-term unmarried couples when they break up](https://www.berid-schutzbank.com/rights-of-long-term-unmarried-couples-when-they-break-up/) - In 2018, Brynn Cameron, the longtime girlfriend of NBA star Blake Griffin, sued Griffin for “palimony” after he left her and their children for reality TV star Kendall Jenner. “Palimony” is money one partner pays to a cohabiting partner after a breakup so that the recipient partner can maintain the lifestyle, he or she has - [More than a Matter of Time: Reasons You Can Annul Your Marriage in Massachusetts](https://www.berid-schutzbank.com/more-than-a-matter-of-time-reasons-you-can-annul-your-marriage-in-massachusetts/) - Many people imagine that a marriage of short duration, say a year or less, is automatically eligible for an annulment. However, annulments are granted in only very specific circumstances, circumstances that have no relation to the length of the marriage. A marriage which a Massachusetts family court will annul is one that is either void - [‘Virtual’ trial without proper safeguards violates parent’s rights](https://www.berid-schutzbank.com/virtual-trial-without-proper-safeguards-violates-parents-rights/) - Since the start of the pandemic, family and juvenile courts everywhere have scrambled to find ways to carry out their proceedings. In many cases, this has meant “virtual” hearings and trials over videoconferencing applications like Zoom. Despite some hiccups, this generally hasn’t prevented courts from performing their functions while protecting the rights of the parties. - [Sale proceeds from dental practice considered marital property](https://www.berid-schutzbank.com/sale-proceeds-from-dental-practice-considered-marital-property/) - A recent case from South Carolina shows that when selling a business during a divorce, it’s important to think about different aspects of the business figure into the sale price and how that might affect the division of the proceeds. In that case, after the wife filed for divorce she reviewed and agreed to a - [Court rules lopsided prenup ‘unconscionable’](https://www.berid-schutzbank.com/court-rules-lopsided-prenup-unconscionable/) - A prenuptial agreement is a contract between marrying spouses, signed before the marriage, that lays out the terms should the couple get divorced. In many instances, prenups can be a very useful way of creating predictability and reducing the acrimony of a divorce. But as a recent California case shows us, if the terms are - [Battles over ‘crypto’ becoming an issue in divorce cases](https://www.berid-schutzbank.com/battles-over-crypto-becoming-an-issue-in-divorce-cases/) - There’s an awful lot of buzz in the news about “cryptocurrency,” which refers to any form of currency that exists either digitally or virtually and is secured by cryptography, enabling bearers to use it for secure online payments without third-party involvement. Cryptocurrency — of which the most well-known is Bitcoin — is not issued by - [Setting Up A Custody Agreement When Child/children's Parents Are Not Married](https://www.berid-schutzbank.com/setting-up-a-custody-agreement-when-child-childrens-parents-are-not-married/) - Child Custody Arrangements for Unmarried Parents: What You Need to Know Massachusetts law recognizes that not every family looks the same. Even if parents are unmarried, they have parental rights and responsibilities, including those that concern child custody. In this article, we will provide an overview of how a child custody arrangement between unmarried parents - [Minimizing the impact of divorce on your credit score](https://www.berid-schutzbank.com/minimizing-the-impact-of-divorce-on-your-credit-score/) - While getting divorced doesn’t automatically lower your credit score, things that have happened as a result of your marriage and/or divorce certainly could have an impact. For example, you might now be saddled with debt that you previously faced with your spouse, making it hard to stay current on your bills. Perhaps you authorized your - [QDROs and DROs: A Court Order to Divide Retirement Accounts in Your Divorce](https://www.berid-schutzbank.com/qdros-and-dros-a-court-order-to-divide-retirement-accounts-in-your-divorce/) - Some of the most important assets many individuals have are ones that they never see, at least not until leaving the workforce: retirement accounts. Most of us experience the presence of our retirement funds on the day-to-day level as an ‘absence’: the deduction of some percentage of our paycheck. During the process of divorce, retirement - [The Ins and Outs of Sole Custody](https://www.berid-schutzbank.com/the-ins-and-outs-of-sole-custody/) - When parents separate, agreeing on custody arrangements can be a stressful situation. In the eyes of the Massachusetts courts, a child’s best interest is always at the forefront of custody arrangements. While it’s generally presumed that it's in a child's interest to maintain a relationship with both parents, this isn’t always the case. A parent - [Understanding the Modification of Child Custody and Parenting Time](https://www.berid-schutzbank.com/understanding-the-modification-of-child-custody-and-parenting-time/) - There are circumstances in life that are out of our control—an ex becoming unable to properly parent, a change in job status or schedule, for example, or an unexpected illness that can change life significantly. In these situations, it’s not uncommon for one or both parents to seek modifications to child custody or parenting time - [Modifying Child Support Because of Changed Financial Circumstances: What Payers Need to Know](https://www.berid-schutzbank.com/modifying-child-support-because-of-changed-financial-circumstances-what-payers-need-to-know/) - Child Support Orders Are Not Set in Stone You have been consistent and timely in your child support payments. You follow the custody agreement down to the minute without fail. You did everything in your power to make the process of divorce as smooth as possible for your children emotionally and materially. But now you - [Is My Spouse Entitled to My Inheritance?](https://www.berid-schutzbank.com/is-my-spouse-entitled-to-my-inheritance/) - Whether or not an Inheritance is Subject to Division in a Divorce is Complicated No matter your reason for pursuing a divorce, the process is never easy. From dividing assets to determining custody, there is a lot at stake.The complex process of property division can turn from simply a stressful task to a nightmare when - [We are happily married but is it too late for a prenup?](https://www.berid-schutzbank.com/we-are-happily-married-but-is-it-too-late-for-a-prenup/) - So you've already said your "I do's," but you're wondering if it's too late to sign a prenuptial agreement. It's never too late. As you accumulate assets in your marriage, start your own business or learned of family inheritance, it is not unusual for married couples to consider a postnuptial agreement, which is essentially a - [Getting Divorced Doesn’t Mean the Holidays are Canceled](https://www.berid-schutzbank.com/getting-divorced-doesnt-mean-the-holidays-are-canceled/) - Creating picture-perfect holiday family memories is no doubt stressful. But what happens when your picture-perfect family has split apart? While this time of year is already met with immense anxiety, the added pressures of going through a divorce can be downright excruciating. We get it. The holidays may indeed look a little different for those - [Learning from the Larry King estate battle](https://www.berid-schutzbank.com/learning-from-the-larry-king-estate-battle/) - If you follow celebrity news, you’ve probably heard about the inheritance battle going on between the children of longtime TV talk show host Larry King and his widow, Shawn King. Here’s the case in a nutshell: In 2019, King executed a handwritten will while recuperating from a heart attack. The will purported to replace an - [When Are You Required to Give the Police Your Name and Identification?](https://www.berid-schutzbank.com/when-are-you-required-to-give-the-police-your-name-and-identification/) - A Matter of Rights and Responsibilities By the time most of us receive our driver’s licenses, we have been drilled on what to do when a police officer pulls us over. This includes providing our license and registration. But the question remains: does Massachusetts law require you to give your name and identification documents to - [Do I have custody rights as a non-biological parent?](https://www.berid-schutzbank.com/do-i-have-custody-rights-as-a-non-biological-parent/) - A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto - [New Child Support Guidelines Issued](https://www.berid-schutzbank.com/new-child-support-guidelines-issued/) - Changes to Massachusetts Child Support Guidelines Coming in October New guidelines will make substantial alterations to how Massachusetts courts calculate how much child support is owed, effective in October. After a decade of steadily decreasing child support requirements in Massachusetts, it seems that pressure by public advocacy groups has reversed this trend. The new guidelines, - [Petition to Partition For Unmarried Couples – When One Does Not Want To Sell The Home](https://www.berid-schutzbank.com/petition-to-partition-for-unmarried-couples-when-one-does-not-want-to-sell-the-home/) - Under Massachusetts law, no one can be forced to own property against their will. It’s not uncommon for unmarried couples to purchase a home together. However, when couples decide to break up and only one party wants to sell the property, legal actions can be taken. When one party refuses to sell, the party wanting - [Essex and Plymouth County DA’s Refuse to Suspend Breath Test Evidence](https://www.berid-schutzbank.com/essex-and-plymouth-county-das-refuse-to-suspend-breath-test-evidence/) - Most county District Attorney’s Offices have suspended the use of breath-test evidence in Operating Under the Influence (OUI) cases because of renewed concerns over the reliability of the Draeger 9510 device and operations at the Office of Alcohol Testing (OAT). OAT is responsible for to provide both prosecutors and defense counsel information pertaining to the - [Lowell Team Wins National Mock Trial Competition](https://www.berid-schutzbank.com/lowell-team-wins-national-mock-trial-competition/) - The following is not legal advice. It is information concerning the steps involved in various legal matters. If you need legal advice about your specific case or situation, please contact us to set up a low cost consultation. Lowell Team Wins National Mock Trial Competition Berid & Schutzbank is proud to have assisted the Greater - [Dividing Qualified Retirement Plans in the Aftermath of Divorce](https://www.berid-schutzbank.com/dividing-qualified-retirement-plans-in-the-aftermath-of-divorce/) - Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts require extra steps. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. Assets from a qualified retirement plan, such as a 401(k), are - [The Massachusetts Criminal Arraignment Process](https://www.berid-schutzbank.com/the-massachusetts-criminal-arraignment-process/) - It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can - [Get a Grip on Legal Jargon: Divorce Terms Explained](https://www.berid-schutzbank.com/get-a-grip-on-legal-jargon-divorce-terms-explained/) - When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can - [It is Important to Track Child Support Payments](https://www.berid-schutzbank.com/it-is-important-to-track-child-support-payments/) - Under Massachusetts law, both parents have a duty to support their child. When parents are no longer together, a parenting plan and custody have to be determined. Legal custody relates to rights and obligations with respect to the decision-making process for the welfare of the child. The parenting plan determines when the child spends time - [Signs it Might Be Time to Get a Divorce](https://www.berid-schutzbank.com/signs-it-might-be-time-to-get-a-divorce/) - The decision to divorce isn't always cut and dry. While, in some cases, divorce is the best course of action, it remains a difficult decision. Only you know what is in your heart and the best way forward for you and your family. If you're considering divorce, the following signs may help make your decision - [Can The Court Modify My Original Divorce Agreement?](https://www.berid-schutzbank.com/can-the-court-modify-my-original-divorce-agreement/) - It depends on the terms of your divorce agreement. If it was a surviving agreement, then the Court cannot modify it except under extraordinary circumstances such as fraud. For provisions that merge the Agreement into the Judgment, not only can you modify it, often it is necessary to do so it as your circumstances change. - [What does it mean to be "Held in Contempt" by the court?](https://www.berid-schutzbank.com/what-does-it-mean-to-be-held-in-contempt-by-the-court/) - Contempt is a tool used by Probate and Family Courts to enforce parties to comply with Court Orders. This gives the Court power to enforce Orders and/or Judgments issued during divorce, custody and other Probate & Family Court proceedings. Being “Held in Contempt” means that a Court has made a finding that you violated a - [Massachusetts Estate Planning: What to Do When Your Healthcare Proxy Cannot Be Relied Upon](https://www.berid-schutzbank.com/massachusetts-estate-planning-what-to-do-when-your-healthcare-proxy-cannot-be-relied-upon/) - The Best-Laid Plans You did it. You did what so many of your friends and family members have not, what you yourself dragged your feet on for years longer than you should have. You made arrangements for your estate, appointed a healthcare proxy, and relaxed, knowing that your family and doctors will have a clear - [COVID-era divorce solutions could outlive pandemic](https://www.berid-schutzbank.com/covid-era-divorce-solutions-could-outlive-pandemic/) - The Covid-19 crisis has impacted every aspect of life, including divorce. With courthouses closed to the public, divorcing couples have had to contend with technology solutions like Zoom for hearings and trials. This has made what’s already a challenging process even harder as participants deal with bad connectivity and sound, background distractions and getting documents - [Who carries the burden of proof in a criminal case?](https://www.berid-schutzbank.com/who-carries-the-burden-of-proof-in-a-criminal-case/) - The phrase ‘burden of proof’ refers to which party—the defense or prosecution—is responsible for providing evidence of a crime. In most court cases, the party filing the claim carries the burden of proof. In a criminal case, this generally falls to the prosecution. The burden of proof refers to the process of proving elements of - [Mom can’t move kids away without consent of court](https://www.berid-schutzbank.com/mom-cant-move-kids-away-without-consent-of-court/) - A mother who wanted to move her kids 90 minutes from their father, who shared joint custody, couldn’t do so without the court reviewing the children’s best interests, a South Carolina appeals court recently ruled. The couple divorced in June 2014 and had joint legal custody and joint week-to-week physical custody of their two children. - [Ex-wife can ‘claw back’ millions in hidden assets](https://www.berid-schutzbank.com/ex-wife-can-claw-back-millions-in-hidden-assets/) - When marriages go bad, feelings can be raw, making it tempting to want to hide assets to punish your soon-to-be ex. But if you get caught, the consequences can be severe, as a recent case shows us. The couple in the case, Robert and Janet Foisie, decided to divorce in 2010. They went to mediation, - [When to Modify Your Divorce Agreement](https://www.berid-schutzbank.com/when-to-modify-your-divorce-agreement/) - How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments - [What to do when your ex refuses to comply with your parenting schedule?](https://www.berid-schutzbank.com/what-to-do-when-your-ex-refuses-to-comply-with-your-parenting-schedule/) - Going through a divorce can be an emotionally draining process. The hope is that once all of the issues (such as child support, spousal support, division of property and agreeing to a parenting schedule) are resolved, you can finally move forward. Unfortunately, this isn’t always the case as the emotional baggage that accompanied the divorce - [COVID and Traffic Stops: What to know; what’s the difference?](https://www.berid-schutzbank.com/covid-and-traffic-stops-what-to-know-whats-the-difference/) - Routine Traffic Stops? No Such Thing Most of us who drive will at some point be pulled over by police for a traffic stop. It is so common that many people know what to do from a young age, perhaps listening to a pulled-over parent walk through the steps from the backseat or in a - [Massachusetts Grandparents, Know Your Rights Regarding Visitation and Custody of Your Grandchildren](https://www.berid-schutzbank.com/massachusetts-grandparents-know-your-rights-regarding-visitation-and-custody-of-your-grandchildren/) - When it comes to grandparents' rights, Massachusetts laws can be tricky to navigate. However, grandparents do have financial, visitation, and custody rights under certain circumstances. To utilize such rights, legal assistance might be necessary to help you take action. Grandparents today are frequently faced with decisions about what is best for their grandchildren under challenging - [Resumption of Jury Trials in State Courts Pushed Out to November 9th](https://www.berid-schutzbank.com/resumption-of-jury-trials-in-state-courts-pushed-out-to-november-9th/) - State Court jury trials are no longer scheduled to start on October 23rd. The new earliest potential start date for jury trials in state courts is Monday, November 9th per the announcement of Trial Court Chief Justice Paula M. Carey on October 16th. The Supreme Judicial Court had previously authorized Phase 1 in the resumption - [How to Land on Your Feet After Divorce](https://www.berid-schutzbank.com/how-to-land-on-your-feet-after-divorce/) - Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing - [5 Key Questions to Answer When Creating Your Will](https://www.berid-schutzbank.com/5-key-questions-to-answer-when-creating-your-will/) - A will is an important document to ensure that upon your death your assets are distributed according to your wishes rather than as the state determines. If the idea of creating a will feels like you’re tempting fate, think of it as a road map you’re leaving your family, so they don’t have to stress - [Child Support Modification When One Parent Resides in a Different State](https://www.berid-schutzbank.com/child-support-modification-when-one-parent-resides-in-a-different-state/) - Child Support and Out-of-State Issues Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other in the Merrimack Valley, issues of state jurisdiction may come into play - [What does estate planning mean?](https://www.berid-schutzbank.com/what-does-estate-planning-mean/) - When many people hear the term “Estate Planning,” they think of billionaires like Bill Gates or Warren Buffett. They think of their elderly parents. Estate planning isn’t only for the wealthy or the elderly. Simply put, estate planning is your opportunity to make legally effective decisions regarding how you want your property, finances, and health - [Is a house purchased by one spouse prior to the marriage a marital asset for divorce purposes?](https://www.berid-schutzbank.com/is-a-house-purchased-by-one-spouse-prior-to-the-marriage-a-marital-asset-for-divorce-purposes/) - The determination of which assets are part of the marital estate for division of asset purposes during the divorce is not always a simple cut and dried answer. There are many factors that the Court takes into consideration when deciding if a specific property is part of the marital estate and, if so, how it - [How To Protect Your Children During a Divorce](https://www.berid-schutzbank.com/how-to-protect-your-children-during-a-divorce/) - Children are more intuitive than we give them credit. Divorce takes a toll on every member of the family, but it's essential to make sure the children understand that the end of your marriage is not the end of the parent-child relationship. Have an Open Discussion Before sitting down with your child to announce the - [Am I Allowed to Date if My Divorce is Pending?](https://www.berid-schutzbank.com/am-i-allowed-to-date-if-my-divorce-is-pending/) - Divorce can be a lengthy process, and for many divorcing couples, the marriage is over emotionally long before a divorce is legally pursued. It’s not uncommon for a spouse to consider dating while their divorce is pending. The short answer to the question ‘to date or not to date’ is that there is no law - [Know Your Legal Rights When Protesting](https://www.berid-schutzbank.com/know-your-legal-rights-when-protesting/) - Before heading out to participate in a protest, it's a good idea to have a firm grasp of your legal rights. The First Amendment to the United States Constitution is a part of the United States Bill of Rights that protects freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right - [Essex and Middlesex County Probate & Family Court tests ‘virtual registry’](https://www.berid-schutzbank.com/essex-and-middlesex-county-probate-family-court-tests-virtual-registry/) - The Probate & Family Court is testing the use of videoconferencing for registry assistance to the general public. The Essex and Middlesex Probate & Family Court registers’ offices have begun using Zoom videoconferencing to operate virtual registries. The program creates a virtual registry for Probate & Family Court matters using a Zoom videoconference meeting link - [What is co-parenting, and how do we do it once we are divorced?](https://www.berid-schutzbank.com/what-is-co-parenting-and-how-do-we-do-it-once-we-are-divorced/) - Co-parenting describes a parenting relationship in which the two parents of a child are not romantically involved but still assume joint responsibility for their child's upbringing. The extent to which parents can effectively co-parent significantly impacts how children will adjust to the transitions associated with a separation or divorce. Parents are responsible for major-life decisions, - [An Overview of the Massachusetts Melanie’s Law](https://www.berid-schutzbank.com/an-overview-of-the-massachusetts-melanies-law/) - Legislation known as “Melanie’s Law” was passed in the Commonwealth of Massachusetts in 2005. This Massachusetts statute is intended to make penalties for operating under the influence of alcohol (OUI) more severe. The enactment of this law helped to usher in new and enhanced periods of license suspension or revocation and further established the Commonwealth’s - [The Massachusetts Divorce Process: Know Your Options](https://www.berid-schutzbank.com/the-massachusetts-divorce-process-know-your-options/) - The decision to file for divorce is never easy. When the determination has been made, it’s essential to understand the process, which varies by state. To begin the divorce process in the Commonwealth of Massachusetts, here are a few things to consider. To file for divorce in Massachusetts, one of the following must apply: (1) - [Holidays, New Years, Superbowl Cheer - Disorderly Conduct and Public Intoxication](https://www.berid-schutzbank.com/holidays-new-years-superbowl-cheer-disorderly-conduct-and-public-intoxication/) - Winter brings with it some of the calendar’s most-anticipated holidays. In colder parts of the world—of which Massachusetts is certainly one, as anyone who has lived through a nor’easter will tell you—people draw together inside to escape the falling snow and the quickly-falling, long winter nights. The winter holidays have something for everyone: the religious - [Don’t Be Blindsided By The Division of Marital Property in Your Divorce](https://www.berid-schutzbank.com/dont-be-blindsided-by-the-division-of-marital-property-in-your-divorce/) - Many people fail to realize divorce requires more than simply signing a few documents. If you’re divorcing in Massachusetts, don’t be blindsided by the many decisions you’re about to face regarding the division of your marital property. Not all property is valued or taxed in the same way; therefore, the process can be long and - [Cannabis DUI](https://www.berid-schutzbank.com/cannabis-dui/) - Marijuana and derived cannabis products are now legal for private, at-home consumption in Massachusetts. With the use of THC products now legal and in the open, it becomes even more important to remember continuing legal restrictions on and best practices surrounding their consumption. One of the foremost issues at the intersection of law, good citizenship, - [Massachusetts RMV Scandal and License Suspension](https://www.berid-schutzbank.com/massachusetts-rmv-scandal-and-license-suspension/) - Imagine this: one day you open your mail to discover your license has been suspended for a violation that occurred months, maybe even years, ago. How did this happen? And what can you do? A scandal has engulfed the Massachusetts Registry of Motor Vehicles this summer, one which promises not to end any time soon. - [Asset Division in a Divorce](https://www.berid-schutzbank.com/asset-division-in-a-divorce/) - Divorce is as much a financial shock as it is an emotional one. Alimony and child support may take a substantial out of your monthly paycheck. The paying spouse may think that the amount they are paying seems unfair or extremely high while the receiving spouse feels it is not fair or extremely insufficient. The - [My spouse and I have just moved to Massachusetts from another state. Do we need to get our marriage license transferred to Massachusetts?](https://www.berid-schutzbank.com/my-spouse-and-i-have-just-moved-to-massachusetts-from-another-state-do-we-need-to-get-our-marriage-license-transferred-to-massachusetts/) - Moving to another state can be a legally frustrating process. Aside from the logistics and expense of moving your possessions across state lines, you will likely find yourself waiting in line or on the phone with government offices as you transfer the legal documents that make up your life. Vehicle registration and title, voter registration, - [What is the difference between a fault and no-fault divorce?](https://www.berid-schutzbank.com/what-is-the-difference-between-a-fault-and-no-fault-divorce/) - Under the law, a divorce is the legal process for dissolving or ending a marriage. In the Commonwealth of Massachusetts, the grounds for divorce are either based on fault grounds or as a no-fault divorce. A no-fault divorce does not require parties to prove blame for the breakdown of the marriage. Neither party is determined - [Does it really matter if I skip jury duty?](https://www.berid-schutzbank.com/does-it-really-matter-if-i-skip-jury-duty/) - Yes—yes it does. Skipping jury duty is an easy way to land yourself in completely unnecessary trouble. Massachusetts makes it rather difficult to miss or skip your service date. There are many chances to make right on your having skipped jury duty, but they are all time-consuming and potentially nerve-wracking. After missing jury service, you - [What makes a Will Valid? Do I need an attorney to make an official Will?](https://www.berid-schutzbank.com/what-makes-a-will-valid-do-i-need-an-attorney-to-make-an-official-will/) - A Will, is a legal document created by an individual to distribute property and provide instruction about how they would like their final wishes to be carried out after their death. In the Commonwealth of Massachusetts, if a person dies without a Will, state law determine how and to whom the person's assets will be - [Am I eligible to adopt in the state of Massachusetts as a single parent?](https://www.berid-schutzbank.com/am-i-eligible-to-adopt-in-the-state-of-massachusetts-as-a-single-parent/) - To be eligible to be an adoptive parent in the state of Massachusetts, the law states you must be at least 18 years old, and you or the child must be a resident of Massachusetts. In most cases, any married couple or single adult is eligible to adopt. If married, both spouses must be a - [Presumptive Exclusion of Breath Tests Ends in OUI Cases](https://www.berid-schutzbank.com/presumptive-exclusion-of-breath-tests-ends-in-oui-cases/) - Presumptive Exclusion of Breath Tests Ends in OUI Cases By: Pat Murphy July 30, 2019 The results of the breath test in Massachusetts has not been used since August of 2017 in Massachusetts OUI cases. Back in 2014, there was litigation challenging the source code and the reliability of the 9510 breath test machine. However, after the - [Malicious Destruction of Property](https://www.berid-schutzbank.com/malicious-destruction-of-property/) - The crime of Malicious Destruction of Property is the willful injury to or destruction of the personal property of another person. In Massachusetts, the willful and malicious destruction of property is considered a felony crime. It is distinguished from wanton destruction of property which is a misdemeanor offense. Massachusetts General Laws Chapter 266, Section 127, - [What are the benefits of choosing mediation over litigation in a divorce?](https://www.berid-schutzbank.com/what-are-the-benefits-of-choosing-mediation-over-litigation-in-a-divorce/) - When many people think of divorce, custody battles, endless legal filings, and costly court proceedings come to mind. The whole divorce process can seem more daunting, and perhaps even more painful, than the emotional aspects of a marriage’s dissolution. But what if there was another way? Another, more humane, more gentle, less expensive way to - [Alimony Tax Deduction: Time is Running Out!](https://www.berid-schutzbank.com/alimony-tax-deduction-time-is-running-out/) - Alimony is the legal term for spousal support separate and apart from any child support order. Alimony can be Ordered under Massachusetts General Laws Chapter 208, Sections 34 and 48 – 55. There are different types of alimony known as rehabilitative alimony, reimbursement alimony and general term alimony. Rehabilitative alimony is a short-term length payment - [Should I take the Breathalyzer test when pulled over and what if I refuse?](https://www.berid-schutzbank.com/should-i-take-the-breathalyzer-test-when-pulled-over-and-what-if-i-refuse/) - This particular question is not as easy to answer as it may seem. If a driver refuses to take the Breathalyzer test, it is an automatic 6 month license suspension. Drivers under age 21 face a 3 year license suspension. Drivers with prior OUI offenses on their record face increased sanctions between 3 years and - [Thousands of criminal cases dismissed by Massachusetts court.](https://www.berid-schutzbank.com/thousands-of-criminal-cases-dismissed-by-massachusetts-court/) - While thousands of criminal cases are being dismissed in Massachusetts, the ACLU and Committee for Public Counsel Services also are asking the court to throw out thousands of other cases potentially impacted by the rogue chemist. If your case isn’t among the ones being dismissed, please contact our law office to determine if your case should be - [Understanding the Essentials of Annulment in Massachusetts](https://www.berid-schutzbank.com/understanding-the-essentials-of-annulment-in-massachusetts/) - Massachusetts is a no-fault divorce state which means that as long as you show that the marital relationship is over, you can obtain a divorce. For some people, however, there are religious or social beliefs that may result in a need for an annulment. A legal annulment is different than a religious annulment and are - [Pets and Divorce: Custody or Property?](https://www.berid-schutzbank.com/pets-and-divorce-custody-or-property/) - Do you think worrying about what happens to a dog or cat, when there is a divorce, is silly? Probably not if you are a pet lover. When a couple decides to divorce, the question of who gets the pets is very common. Pet lovers do not buy an animal, they adopt a family member. - [Top Family Law Attorney](https://www.berid-schutzbank.com/top-attorney-thorough-and-fully-invested-in-my-case/) - I changed to Attorney Schutzbank from a previous family law lawyer. Finally it seemed that somebody was on my side. I am extremely satisfied by his grasp of all the issues and by the manner in which he is dealing with the opposing counsel. I am totally and completely satisfied with the agreement that he - [Thorough, straight-shooting attorney who gets results](https://www.berid-schutzbank.com/eric-is-a-thorough-straight-shooting-attorney-who-gets-results/) - After a long contentious battle in family court, Eric was able to get me the parental rights that I deserve. I have my fair share of experience with attorneys and have often felt neglected, under-advised, and left with little to no positive results. This is the first time I have ever worked with an attorney - [Excellent Service](https://www.berid-schutzbank.com/excellent-service/) - Eric, has taken me through two divorce modifications with negotiating partners that were, to put it charitably, highly aggressive, lacking in full disclosure and not always reasonable. Throughout it all, Eric kept his eye on the ball and his calming influence with our opposites was instrumental in securing outcomes that were very closely aligened with - [Willing to help years later](https://www.berid-schutzbank.com/willing-to-help-years-later/) - I hired Atty. Schutzbank 4 years ago for a child support & custody case. He was excellent and really knew his stuff. This year, I had a change in status and I reached out to him today to ask some advise. He provided me with guidance and advice to take care of the change myself. - [A Very Positive Experience](https://www.berid-schutzbank.com/a-very-positive-experience/) - This was the second time I worked with Attorney Schutzbank on a family matter. I have been extremely satisfied with all of the services I have received from him. He is knowledgeable, efficient and also very attentive. I always felt that I could call or email him with any question and I knew that I - [Is Collaborative Law Right For Your Divorce](https://www.berid-schutzbank.com/is-collaborative-law-right-for-your-divorce/) - The emotional repercussions of the breakdown of a marriage make divorce one of the most complicated of all legal processes. However, complicated court appearances and stressful litigation are not always necessary. For those that are seeking a more respectful method of resolving the issues and want settle outside of court, collaborative law is an excellent - [How to Handle False Allegations During Child Custody & Divorce](https://www.berid-schutzbank.com/how-to-handle-false-allegations-during-child-custody-divorce/) - It seems like everyone knows a story about false allegations during child custody and divorce. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and exclusive use of the family - [Estate and Advanced Care Planning is for Single People too](https://www.berid-schutzbank.com/estate-and-advanced-care-planning-is-for-single-people-too/) - posted by Eric Schutzbank Being single doesn’t mean you do not need an estate plan. Single people need to be taken care of if they become incapacitated and also want to have a say in how their property is distributed after their death. Single people often have unique considerations when planning for the future. Married - [529A Accounts for Disabled Individuals](https://www.berid-schutzbank.com/529a-accounts-for-disabled-individuals/) - posted by Eric Schutzbank Achieving a Better Life Experience (ABLE) became law in December 2014. Similar to the 529 college saving plans, ABLE allows people with disabilities and their families to put aside funds for disability-related costs. Set up by the state and administered through financial institutions, the income from qualified 529A Accounts for Disabled - [New Hampshire's Family Division Rule 1.25-A](https://www.berid-schutzbank.com/new-hampshires-family-division-rule-1-25-a/) - New Hampshire recently put into effect a much need mandatory self-disclosure rule for Family Division cases. Family Division Rule 1.25-A took effect on December 1, 2011. The rule is designed to streamline the discovery process by having the parties exchange certain required financial documents early in the litigation process. The expectation is that this will - [Lawyers say alimony reform a long time coming](https://www.berid-schutzbank.com/lawyers-say-alimony-reform-a-long-time-coming/) - Alimony reform in Massachusetts is an issue that has been discussed for years. On March 1, 2012, a new alimony law went into effect that completely changes the law in Massachusetts. Under the old law, the Court had no authority to set durational limits for even the shortest of marriages. The new law establishes durational - [Massachusetts Alimony Reform Act goes into effect March 1, 2012](https://www.berid-schutzbank.com/massachusetts-alimony-reform-act-goes-into-effect-march-1-2012/) - The following is a summary of highlights of the new Alimony Reform law in Massachusetts. Alimony: New Law Establishes Durational Limits Long Term marriages (greater than 20 years): Alimony will end at retirement age as defined by Social Security Act; 5 years or less: Maximum Alimony term is 50% of the number of months of - [Be sure you're legally married](https://www.berid-schutzbank.com/be-sure-youre-legally-married/) - These days, a growing number of couples are opting out of traditional church weddings and are choosing instead to be married in less formal ceremonies, often presided over by a friend or relative rather than a priest or rabbi. That’s fine if that’s what the couple wants – but the problem is that some such - [Can you change your children's name after divorce?](https://www.berid-schutzbank.com/can-you-change-your-childrens-name-after-divorce/) - After a couple divorced, the wife asked a court to change their two children’s last name to her maiden name. (The children had been given the husband’s last name at birth.) The judge agreed, saying that since the mother was the primary residential parent, it should be presumed that she was acting in the children’s - [Two things you need to know before you divorce](https://www.berid-schutzbank.com/two-things-you-need-to-know-before-you-divorce/) - For Massachusetts residents, here are two important areas of divorce law you should be aware of: Property Division Pursuant to Massachusetts General Law Chapter 208 Section 34, property is divided in an equitable manner (this is often but not always equal) based on a series of factors that include (but are not necessarily limited to) - [Three Ways to Protect Your Credit During a Divorce](https://www.berid-schutzbank.com/three-ways-to-protect-your-credit-during-a-divorce/) - posted by Eric Schutzbank The emotional aspect of divorce often makes it difficult to focus on the details of what needs to take place. One of the areas that is often overlooked is your credit rating. How can you protect yourself? Consider three tips. 1. Take inventory. Pull your credit report to get an idea - [Family Law: Parenting Through Your Divorce](https://www.berid-schutzbank.com/parenting-through-your-divorce/) - posted by Eric Schutzbank Our children are an integral part of our lives and keeping them safe is what parenting is all about. Parenting together after divorce presents new challenges to an already difficult process, but navigating painful emotions to maintain a united front is an essential part of the job. The bottom line is, - [New Massachusetts Child Support Guidelines Effective August 1st](https://www.berid-schutzbank.com/new-massachusetts-child-support-guidelines-effective-august-1st/) - posted by Eric Schutzbank Under Massachusetts law, the Child Support Guidelines must be reviewed every four years to determine if revision is required. The Chief Justice of the Trial Court appoints a Child Support Guidelines Task Force every four years for this purpose. The Court has approved revised Child Support Guidelines which take effect on - [When can a Divorce Decree or Separation Agreement Approved by the Court be Modified?](https://www.berid-schutzbank.com/when-can-a-divorce-decree-or-separation-agreement-approved-by-the-court-be-modified/) - posted by Eric Schutzbank While lawyers like to plan for all contingencies, the reality is that life is extremely fluid and we cannot predict all of the possibilities. A parenting plan that works when the children are ages three (3) and five (5) may not work very well when the children are seven (7) and - [Spousal Support Modification: What You Need To Know Whether You Pay or Receive Spousal Support](https://www.berid-schutzbank.com/spousal-support-modification-what-you-need-to-know-whether-you-pay-or-receive-spousal-support/) - posted by Eric Schutzbank Alimony is a word that most divorcing parties do not want to hear. The higher income earning spouse doesn’t want to pay to and the lower income earning spouse either doesn’t want to ask for it or isn’t getting enough in support to meet his or her bills. Until the Alimony - [Alternative Dispute Resolution: Divorce without Contested Litigation in the Massachusetts Probate & Family Court](https://www.berid-schutzbank.com/alternative-dispute-resolution-divorce-without-contested-litigation-in-the-massachusetts-probate-family-court/) - Family law disputes such as divorce, child custody, visitation, spousal support are often emotional and can be stressful. When two parties cannot agree, they may believe taking their case to court is the only option. However, litigation is expensive and can be a very lengthy process. Additionally, the courtroom environment empowers the judge to make - [Child Custody - In the Best Interests of the Children](https://www.berid-schutzbank.com/child-custody-in-the-best-interests-of-the-children/) - Don't leave matters of child custody and parenting time to chance. Hire a knowledgeable family law attorney to make sure your rights and responsibilities are clearly defined and protected. - [Limited Assistance Representation](https://www.berid-schutzbank.com/limited-assistance-representation/) - Limited Assistance Representation is when an attorney represents or assists a litigant with part, but not all, of his or her legal matter, instead of the standard full representation on an entire case. Limited Assistance Representation allows an attorney to assist a self-represented client with specific issues on a limited basis. This might include preparing - [Separation Agreements](https://www.berid-schutzbank.com/seperation-agreements/) - If you have questions about drafting or modifying the terms of a separation agreement and would like to speak with an attorney, please contact our North Andover office to schedule an appointment. - [Berid & Schutzbank - Lowell Family Law, Divorce, and Criminal Defense Attorneys](https://www.berid-schutzbank.com/berid-schutzbank-lowell-family-law-divorce-and-criminal-defense-attorneys/) - [Lowell Divorce Attorneys - Collaborative Law](https://www.berid-schutzbank.com/lowell-divorce-attorneys-collaborative-law/) - If you are interested in a cooperative divorce process that enables you to resolve differences with your spouse contact a Massachusetts collaborative law attorney today at Berid & Schutzbank for a confidential consultation. The Massachusetts Alternative Dispute Resolution (ADR) and Collaborative Law attorneys of Berid & Schutzbank provide divorce mediation and Collaborative Law services to - [Massachusetts Collaborative Law Attorney](https://www.berid-schutzbank.com/massachusetts-collaborative-law-attorney/) - [Thorough and Fully Invested in My Case](https://www.berid-schutzbank.com/thorough-and-fully-invested-in-my-case/) - Eric was able to get me all that I had required which my previous attorney thought was impossible. Through out the process he was on top of the matters and seemed fully involved and invested in my case. He has great negotiating skills which made this agreement possible. He uses his time efficiently to minimize - [The Dissolution of Marriage - April 2007](https://www.berid-schutzbank.com/lowell-team-wins-national-mock-trial-competition-html/) - The following is not legal advice. It is information concerning the steps involved in various legal matters. If you need legal advice about your specific case or situation, please contact us to set up a low cost consultation. The Dissolution of a Marriage In Massachusetts divorce is initiated either by the filing of a Joint - [Welcome - Our First Blog Entry](https://www.berid-schutzbank.com/welcome-our-first-blog-entry/) - Welcome - This is Berid & Schutzbank's first blog entry. We are attorneys in Lowell, Massachusetts. We serve the Greater Lowell, Massachusetts area and focus on Massachusetts family law matters such as divorce, divorce mediation, child custody, child support, elder law, as well as criminal defense charges involving domestic assault & battery, restraining orders, drunk - [Lowell MA Lawyers](https://www.berid-schutzbank.com/lowell-ma-lawyers/) - The Lowell MA lawyers at Berid & Schutzbank concentrate on family law and divorce mediation. We concentrate on all family law matters such as divorce, divorce mediation, child custody, child support, and domestic assault & battery, and restraining orders. The attorneys of Berid & Schutzbank have practiced law in Massachusetts for over thirty years and - [My ex-husband is not living up to the terms of our custody agreement.](https://www.berid-schutzbank.com/my-ex-husband-is-not-living-up-to-the-terms-of-our-custody-agreement-are-there-any-options-for-me-will-the-courts-do-anything/) - Additional Information: Are there any options for me? Will the courts do anything? We have a standard, every other weekend visitation arrangement for my husband with the kids, with other terms for holidays, birthdays, etc. My husband does not meet these terms; at the last minute he often doesn't take the kids. He sometimes decides - [How old does a child have to be to testify in MA court that he doesn't want to see his father?](https://www.berid-schutzbank.com/in-mass-how-old-can-a-child-be-to-testify-in-family-court-that-he-doesnt-want-to-see-his-father-parents-share-custody/) - Additional Information: My boyfriend shares custody with his ex-girlfriend for their 10 year old boy. She has physical custody, he has their son every weekend and also during the week if she has to work. She tried to take him away to Miami 4 years ago, lied to the judge but judge ruled she could - [What is Collaborative Law?](https://www.berid-schutzbank.com/what-is-collaborative-law/) - The Greater Lowell Collaborative Law attorneys at Berid & Schutzbank focus on collaborative law in Massachusetts as an alternative to divorce litigation. The attorneys of Berid & Schutzbank have practiced law in Massachusetts for over thirty years and serve all of Middlesex County, Worcester County, and the Greater Lowell region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Groton, Lawrence, Methuen, Tewksbury, and Wilmington, Massachusetts. - [Do I have a right as a mom to tell my sons father I do not want our son around his girlfriend?](https://www.berid-schutzbank.com/do-i-have-a-right-as-a-mom-to-tell-my-sons-father-i-do-not-want-our-son-around-his-girlfriend/) - Additional Information: My sons father left my son and I in a real financial pickle and has chosen to just move in with another woman. As a mom I don't think it's a good idea for my son to be around this other woman. Do I have a right, where as we have not gone - [My ex husband wants to take custody of our son, we already have a court order child custody agreement in place.](https://www.berid-schutzbank.com/my-ex-husband-wants-to-take-custody-of-our-son-we-already-have-a-court-order-child-custody-agreement-in-place/) - Additional Information: In 2001 my ex husband and I divorced and I got custody of our then 2 year old son. He had visitation and had to pay 100 dollars a week in child support. In 2005 my ex and I became a couple again and I ended up moving myself and our son into - [Is there a waiting period in Massachusetts before filing for divorce?](https://www.berid-schutzbank.com/in-an-uncontested-divorce-is-there-a-12-month-waiting-period-in-massachusetts-before-you-can-file-papers-for-divorce/) - Additional Information: In an uncontested divorce, is there a 12 month waiting period in Massachusetts before you can file papers for divorce? ATTORNEY ANSWER: In an uncontested divorce, there is no twelve month waiting period because neither side is contesting jurisdiction. The only time that there is a twelve month waiting period to file for - [Where should I file for divorce?](https://www.berid-schutzbank.com/my-husband-and-i-have-been-separated-for-just-over-30-days-we-were-married-in-rhode-island-in-2007-but-have-been-living-in-massachusetts-since-2008-where-should-i-file-for-divorce/) - Additional Information: My husband and I have been separated for just over 30 days. We were married in Rhode Island in 2007 but have been living in Andover Massachusetts since 2008. ATTORNEY ANSWER: So long as you are still living in Andover, you should file here in Massachusetts. The location of the marital ceremony is - [Our father passed away and left his biological children each $5 and step children everything. Can we sue?](https://www.berid-schutzbank.com/our-father-passed-away-and-left-his-biological-children-each-5-and-step-children-everything-can-we-sue/) - Additional Information: Our father left his step children everything. Can we sue his estate for him being a dead beat? He banked all his money, didn't support his kids, and all these years he owned a house, 2 cars, had a pension fund and two bank accounts. He left us nothing. Is there anything we - [Can a custodial parent force the non custodial parent to ahere to a visitation schedule?](https://www.berid-schutzbank.com/can-a-custodial-parent-force-the-non-custodial-parent-to-ahere-to-a-visitation-schedule-outlined-in-the-divorce-agreement/) - Additional Information: Father has full physical custody. Mother has court ordered visitation which includes overnight visits. Due to behavior problems with the children, the mother no longer wishes to have overnight visits and other visitation issues outlined in the divorce agreement. Can the custodial parent force the non custodial parent to take the children if - [I am getting a divorce and my husband wants me to sign a quit deed.](https://www.berid-schutzbank.com/i-am-getting-a-divorce-and-husband-wants-me-to-sign-a-quit-deed-i-want-no-legal-ties-shouldnt-i-wait-until-refinancing-to-sign/) - Additional Information: I want no legal ties. Shouldn't I wait until refinancing to sign? We agreed that I am moving out and he wants the house. We agreed that he would try to refinance to get the house in his name only. I agreed to even help pay if it costs money to refinance because - [Notice: Massachusetts Mandatory Parent Education Programs Update](https://www.berid-schutzbank.com/notice-massachusetts-mandatory-parent-education-programs-update/) - In order to promote awareness of, and track and enforce attendance at, mandatory Parent Education programs, the Probate and Family Court is implement new requirements, time-frames and forms. - [Eric Schutzbank Designated as a Founding Member of the New Hampshire Chapter of the AACFL](https://www.berid-schutzbank.com/eric-schutzbank-designated-as-a-founding-member-of-the-new-hampshire-chapter-of-the-aacfl/) - The American Academy For Certified Financial Litigators (AACFL) welcomes Attorney Eric Schutzbank as a Founding Member of the New Hampshire Chapter of the AACFL. Attorney Schutzbank is in the process of completing his CFL certification. The CFL™ is a designation awarded to select practitioners who have received this high level training and passed the CFL™ - [Alimony Beyond Durational Limits](https://www.berid-schutzbank.com/alimony-beyond-durational-limits/) - The Alimony Reform Act of 2011 established durational term limits for general term alimony for marriages less than twenty years in length. The law also permitted Alimony Payors to file Modification Complaints seeking to termination general term alimony if such durational limits had been exceeded. The law established a blanket exception for durational term limits - [Appeals Court Rules on Prenuptial Agreements](https://www.berid-schutzbank.com/appeals-court-rules-on-prenuptial-agreements/) - The Appeals Court recently ruled on several critical issues involving prenuptial agreements. In Pisano v. Pisano, the Appeals Court addressed the issues of involving a bifurcated trial, a prenuptial agreement, temporary alimony and family loans. The primary issues that resulted in heavily contested litigation all could have been prevented by inclusion of clear provisions in - [Supreme Court rules that cops can't hold you for even a few extra minutes without good reason after routine traffic stops](https://www.berid-schutzbank.com/supreme-court-rules-that-cops-cant-hold-you-for-even-a-few-extra-minutes-without-good-reason-after-routine-traffic-stops/) - The Supreme Court of the United States ruled that after police have completed a routine traffic stop, they cannot hold you for even a few extra minutes without the usual suspicion required to detain a person. In Rodriguez v. United States, a case brought by a Nebraska man who was pulled over for driving erratically - [Technical problems could overturn recent drunk driving convictions in Massachusetts](https://www.berid-schutzbank.com/technical-problems-could-overturn-recent-drunk-driving-convictions-in-massachusetts/) - As reported by MyFoxBoston.com, technical problems could overturn many recent drunk driving convictions in Massachusetts. The issue involves the use of faulty breathalyser machines. According to the Salem News, prosecutors have started notifying defense attorneys about the problem. Apparently, a solution used in the machines is causing them to produce improper test results. The Essex - [Massachusetts Maternity Leave Act](https://www.berid-schutzbank.com/massachusetts-maternity-leave-act/) - posted by Eric Schutzbank Many parents-to-be wonder just how much time from work they can take off when their child is born. Effective April 7, 2015, under Massachusetts law, men and women will both be covered under the Massachusetts Maternity Leave Act (MMLA), which makes them eligible for eight weeks of job-protected leave related to - [White Collar Crimes in Massachusetts](https://www.berid-schutzbank.com/white-collar-crimes-in-massachusetts/) - White Collar Crimes in Massachusetts cover a broad range of financially motivated nonviolent criminal activities including embezzlement, fraud, employee theft, and forgery. - [Massachusetts Holds Parents Accountable for "Social Hosting"](https://www.berid-schutzbank.com/massachusetts-holds-parents-accountable-for-social-hosting/) - posted by Eric Schutzbank It's well-known that the legal drinking age in all states, including Massachusetts, is 21. Less know, however, are the liabilities associated with "social hosting". Social hosting refers to providing alcohol or other substances to a minor that is not your own child on your property or in an environment you control. - [Longtime Lowell law firm moves to N. Andover](https://www.berid-schutzbank.com/longtime-lowell-law-firm-moves-to-n-andover/) - After 20 years in Lowell, the law firm of Berid & Schutzbank, LLC, recently made the move to 800 Turnpike St., Suite 304, in North Andover. - [Recording the Police with Your Smartphone - a Constitutional Right or Unlawful Wiretapping?](https://www.berid-schutzbank.com/recording-the-police-with-your-smartphone-a-constitutional-right-or-unlawful-wiretapping/) - posted by Eric Schutzbank In the era of ubiquitous personal technology, it may seem that we have an unbridled right to use our smartphones to photograph or record anything and everything. We may particularly want to record the police to verify that they are serving and protecting the public and not violating individual rights. Be - [Massachusetts Takes Cyber Bullying Seriously](https://www.berid-schutzbank.com/massachusetts-takes-cyber-bullying-seriously/) - The issue of bullying has become a hot topic across the United States in recent years. Tragic events such as victim suicides and violent assaults have turned the spotlight on the debate of exactly when and how bullying becomes a criminal act. At the forefront of this debate is the increasing trend of cyber bullying - [The Right Attorney For The Job](https://www.berid-schutzbank.com/the-right-attorney-for-the-job/) - I had a great experience with attorney Schutzbank. I was referred to him through another attorney who did not practice in New Hampshire. I knew that after my first visit that he was the right attorney for the job. Thank you again. Thomas G. - [When Caring for an Elderly Relative becomes undue influence](https://www.berid-schutzbank.com/when-caring-for-an-elderly-relative-becomes-undue-influence/) - posted by Eric Schutzbank Taking care of a deceased person's assets and business affairs adds stress to an already emotional situation. Adding to the anxiety, families sometimes discover their loved one has been taken advantage of or manipulated by the relative they entrusted to provide care. A vulnerable elderly person is easy prey to someone - [What is the time frame on indictment while incarcerated in Massachusetts?](https://www.berid-schutzbank.com/what-is-the-time-frame-on-indictment-while-incarcerated-in-massachusetts/) - My husband was arraigned 60 days ago and they have been keeping him on 5000 cash bail . I am questioning if there is a time limit on indictment and should he have to be let out by now ? Attorney Answer: There is no minimum time frame for which the Commonwealth has to indict - [Will I be entitled to anything when we divorce?](https://www.berid-schutzbank.com/will-i-be-entitled-to-anything-when-we-divorce/) - Additional Info: We have been married for 6 months and I realize it was a mistake and want a divorce. We got married because I am pregnant with his child. We rent an apartment in Lowell. He has some money in savings, I do not. Attorney Answer: Once the child is born, you will be - [Can my ex prevent me from moving out of the country with our daughter?](https://www.berid-schutzbank.com/can-my-ex-prevent-me-from-moving-out-of-the-country-with-our-daughter/) - Additional Information: My ex and I have a 6 year old daughter. He sees her every other weekend and occasionally during the week. We live in Acton, MA but I have met someone who lives outside of the US and we are getting married this year. I am also pregnant with his child. I want - [Who has visitation rights?](https://www.berid-schutzbank.com/who-has-visitation-rights/) - Recently, many states have passed laws that give grandparents certain visitation rights with a child after a divorce or after the death of the child’s parent. Predictably, this has given rise to questions about whether this right should be extended to other close relatives, such as aunts, uncles and cousins. The issue came up recently - [What are consequences for minor daughter arrested for petty theft?](https://www.berid-schutzbank.com/what-are-consequences-for-minor-daughter-arrested-for-petty-theft/) - Additional Information: What are the consequences for petty theft in MA for my teenage daughter (under 18 years old)? It is her first time getting in trouble. Some girls had dared her to steal from a store in Tewksbury and challenged her to see how much she could steal. She was arrested for merchandise totaling - [Will I be responsible for half of my wife's school loan when we divorce?](https://www.berid-schutzbank.com/will-i-be-responsible-for-half-of-my-wifes-school-loan-when-we-divorce/) - Additional Information: My wife took out a loan so she could start her own business. She had hoped to apply earnings toward the mortgage on our North Reading home, and stuff for the kids. We are now getting a divorce and besides writing a business plan, she hasn't launched her business. Will I be liable - [When we divorce, will my husband be entitled to half of a gift check?](https://www.berid-schutzbank.com/when-we-divorce-will-my-husband-be-entitled-to-half-of-a-gift-check/) - Additional Information: My husband and I were both in our 40s when we got married, and having an elaborate wedding didn't seem right, so we eloped. My parents gave me a gift check which we then put toward a house we bought together in North Andover. We are now getting a divorce. Will my husband - [We were both charged with assault. Can we refuse to press charges?](https://www.berid-schutzbank.com/we-were-both-charged-with-assault-can-we-refuse-to-press-charges/) - Additional Information: Can we refuse to press charges? I was involved in a fight with a friend and we've both been charged with assault. My question is, can we just refuse to press charges so the case goes away? Our parents are still neighbors in Tyngsborough and are good friends, and he and I were - [I was arrested for assault and battery and resisting arrest.](https://www.berid-schutzbank.com/i-was-arrested-for-assault-and-battery-and-resisting-arrest/) - Additional Information: In North Chelmsford, I was arrested for assault and battery and also charged with resisting arrest. If I hire an attorney and get off on the battery charge will the resisting arrest charge be dismissed? Thank you. ATTORNEY ANSWER: The purpose of hiring an attorney is for more than simply to "get off" - [What are the requirements for an annulment in MA?](https://www.berid-schutzbank.com/what-are-the-requirements-for-an-annulment-in-ma/) - Additional Information: I have been married for 8 months, we have a 10 month old daughter. I just found out that my husband has a criminal background and has been using a fake name since I have known him. What are the requirements for an annulment in MA? How should I proceed? ATTORNEY ANSWER: It - [In MA, can an order for child support be modified without going to court?](https://www.berid-schutzbank.com/in-ma-can-an-order-for-child-support-be-modified-without-going-to-court/) - Additional Information: My ex and I have agreed to lowered payments and we have drawn up a new agreement which we both signed and had notarized. Is what we did legally binding or can she sue me for back child support? ATTORNEY ANSWER: While parties can agree to modify without going to court, such agreements - [Will an out of state conviction count as a first offense in MA?](https://www.berid-schutzbank.com/will-an-out-of-state-conviction-count-as-a-first-offense-in-ma/) - Additional Information: Seven years ago, while I was living in NJ, I was convicted of possession of a controlled substance. I'm in grad school now in Central Mass and was arrested on similar charges. I did some research and found that the possession law in Massachusetts has stiffer penalties for those convicted of a second - [If a person attends drug counseling will that stop the prosecution of a drug charge in MA?](https://www.berid-schutzbank.com/if-a-person-attends-drug-counseling-will-that-stop-the-prosecution-of-a-drug-charge-in-ma/) - Additional Information: Our son was arrested for drug possession and is awaiting trial. You should also know that he was arrested nearby a school in Lowell. He has a court appointed lawyer but the lawyer hasn't talked much to my son about it and hasn't advised him on what he should do. I read somewhere - [Can my wife get custody of our son?](https://www.berid-schutzbank.com/i-have-sole-custody-of-our-son-if-i-die-can-my-wife-get-custody-if-she-wants/) - Additional Information: My wife and I got divorced two years ago and I got sole custody of our 5 year-old son. My question is if I put it in my will that my brother will take care of my son should I pass, will that happen or can my wife get custody if she wants? - [Can I remove my ex from my health insurance?](https://www.berid-schutzbank.com/im-getting-remarried-can-i-remove-my-ex-from-my-health-insurance/) - Additional Information: As part of our divorce settlement I'm supposed to keep my ex wife on my health insurance. We have no kids. Now I'm getting re-married and I'm wondering what the heck I should do because I'm pretty sure the insurance company isn't going to let me have two wives on my health insurance - [Our son was recently arrested while carrying a small amount of cocaine.](https://www.berid-schutzbank.com/our-son-a-freshman-at-a-lowell-college-was-recently-arrested-while-carrying-a-small-amount-of-cocaine/) - Additional Information: Our son is a freshman at a college near Lowell. My wife and I are wondering if we should spend our money (which we can afford) to hire an attorney to defend him in this charge. Is it going to make any difference or will he end up with the same type of - [What is the new law in Massachusetts regarding marijuana?](https://www.berid-schutzbank.com/what-is-the-new-law-in-massachusetts-regarding-marijuana-is-it-being-enforced/) - ATTORNEY ANSWER: I assume you are referring to the change act in 2010 that decriminalized the possession of less than one ounce of marijuana, making it a civil violation. Law enforcement are required to treat such possession as a civil offense. The one caveat is that distribution or dealing less than an ounce is currently - [How do I go about filing for divorce if we have no contact?](https://www.berid-schutzbank.com/how-do-i-go-about-filing-for-divorce-if-we-have-no-contact/) - Additional Information: I separated from husband in 2008 and moved to Chelmsford, MA from NY. How can I get divorce if we have no contact? We did not have any children from marriage but I do have a ten year old from previous. We parted in ill terms & I have no way of contacting - [Do we have to go in together to file for uncontested divorce in MA?](https://www.berid-schutzbank.com/do-we-have-to-go-in-together-to-file-for-uncontested-divorce-in-ma/) - Additional Information: Do a husband and wife both have to be present to file a joint petition for an uncontested divorce in Massachusetts? Do we have to go together or can we go separately? ATTORNEY ANSWER: Generally, both parties to a divorce (even an uncontested matter) have to appear at Court to present the separation - [How long after a divorce in the state of Massachusetts does someone have to wait before getting married again?](https://www.berid-schutzbank.com/how-long-after-a-divorce-in-the-state-of-massachusetts-does-someone-have-to-wait-before-getting-married-again/) - ATTORNEY ANSWER: Once the divorce is final, you can get remarried approximately four days later. You can apply for a marriage license one day after your divorce becomes final. It usually takes three days for the license to issue. Obviously, holidays and weekends and other days town offices are closed can change this calculation. Please - [I am a father and I have custody, my daughter will soon turn 14, can she decide who to live with?](https://www.berid-schutzbank.com/i-am-a-father-and-i-have-custody-my-daughter-will-soon-turn-14-can-she-decide-who-to-live-with/) - Additional Information: We live in Lowell. My wife has a mental illness and has made bad decisions in the past, lets my daughter do whatever she wants and is basically more of a friend than a parent to my daughter. She lies and manipulates my daughter and I have totally stayed out of that game - [I got arrested in Dracut for domestic assault and battery.](https://www.berid-schutzbank.com/i-got-arrrested-for-domestic-assault-and-battery-my-bail-was-500-it-was-posted-and-i-never-showed-to-the-next-court-date-what-should-i-do/) - Additional Information: I posted bail at $500 and I never showed to the next court date. What should I do? I just want to get this off my back and get on with my life. I know I have a warrant and I don't want to go to jail. What can I do at this ## Pages - [Home](https://www.berid-schutzbank.com/) - Attorney Eric Schutzbank is a family law attorney in North Andover, Massachusetts. He concentrates in divorce, elder law, mediation, and criminal defense matters and serves the Merrimack Valley and Southern New Hampshire region. - [Divorce Lawyer](https://www.berid-schutzbank.com/divorce-lawyer/) - Attorney Eric Schutzbank is a divorce lawyer in North Andover, Massachusetts and serving the Merrimack Valley region. - [Divorce Lawyer in Methuen, Massachusetts](https://www.berid-schutzbank.com/divorce-lawyer-in-methuen-massachusetts/) - Divorce lawyer in Methuen, MA. Help with child custody, child support, alimony, and property division. Berid & Schutzbank offers experienced guidance. - [Divorce Lawyer in Lowell, Massachusetts](https://www.berid-schutzbank.com/divorce-lawyer-in-lowell-massachusetts/) - Divorce lawyer Lowell MA. Help with child custody, child support, alimony, and division of property. Berid & Schutzbank provides experienced guidance. - [Divorce Lawyer in Haverhill, Massachusetts](https://www.berid-schutzbank.com/divorce-lawyer-in-haverhill-massachusetts/) - Divorce lawyer in Haverhill, MA. Help with child custody, child support, alimony, and property division. Berid & Schutzbank provides trusted guidance. - [Divorce Lawyer in Andover, Massachusetts](https://www.berid-schutzbank.com/divorce-lawyer-in-andover-massachusetts/) - Divorce lawyer Andover MA. Help with child custody, child support, alimony, and division of property. Berid & Schutzbank offers trusted guidance. - [Divorce Lawyer in Tewksbury, Massachusetts](https://www.berid-schutzbank.com/divorce-lawyer-in-tewksbury-massachusetts/) - Divorce lawyer in Tewksbury, MA. Help with child custody, child support, alimony, and property division. Berid & Schutzbank provides trusted guidance. - [Family Law](https://www.berid-schutzbank.com/family-law/) - Attorney Eric Schutzbank is a family law lawyer in North Andover, Massachusetts serving the Merrimack Valley region. - [Email Us](https://www.berid-schutzbank.com/email-us/) - Berid & Schutzbank is a law firm with offices located in N. Andover, Massachusetts. - [Pre & Post Nuptial Agreements](https://www.berid-schutzbank.com/family-law/pre-post-nuptial-agreements/) - Pre-nuptial attorney in North Andover, Massachusetts. - [Elder Care Law](https://www.berid-schutzbank.com/elder-law/) - Attorney Eric Schutzbank is an experienced elder law attorney in North Andover, Massachusetts. Call for a confidential consultation. - [Guardianship & Conservatorship](https://www.berid-schutzbank.com/guardianship/) - Guardianship & Conservatorship Attorney Guardianship Of An Adult Guardianship is the legal process to appoint a caretaker for adults who are unable to make or communicate effective decisions about their everyday self-care, health, and safety. The Massachusetts Probate and Family Court can appoint a Guardian to make some or all personal decisions on the adult's - [Paternity](https://www.berid-schutzbank.com/family-law/paternity/) - Paternity attorney in North Andover, Massachusetts. - [Guardian Ad Litem](https://www.berid-schutzbank.com/family-law/guardian-ad-litem/) - Massachusetts Guardian Ad Litem A Guardian Ad Litem (commonly referred to as a GAL) is appointed by the Court as an impartial third party to investigate and make recommendations as to what cause of action the Court should take in disputes relating to the care and custody of minor children. GAL's can be appointed in - [Elder Care Dispute Resolution](https://www.berid-schutzbank.com/elder-care-dispute-resolution/) - Collaborative Law For Elder Care Disputes When most people think of collaborative law, they think of divorce and family law matters. In fact, collaborative practice has increasingly been applied to other areas of the law such as elder law. The elements of collaborative law that make it so beneficial in family law also make it - [Spousal Support & Alimony](https://www.berid-schutzbank.com/divorce-lawyer/spousal-support-alimony/) - Attorney Eric Schutzbank is an experienced spousal support and alimony attorneys with law offices in North Andover, MA. - [Post Divorce Issues](https://www.berid-schutzbank.com/divorce-lawyer/post-divorce-issues/) - Attorney Eric Schutzbank handles divorce modification cases in North Andover, Massachusetts area. - [Divorce Process](https://www.berid-schutzbank.com/divorce-lawyer/divorce-process/) - If you are considering divorce and have questions about the divorce process in Massachusetts, contact our law office to learn your options. - [Division of Property](https://www.berid-schutzbank.com/divorce-lawyer/division-of-property/) - Attorney Eric Schutzbank handles all types of division of property cases, with law offices in North Andover, Massachusetts. - [Annulment](https://www.berid-schutzbank.com/divorce-lawyer/annulment/) - Massachusetts marriage annulment attorney in North Andover, Massachusetts. - [Basic Estate Planning](https://www.berid-schutzbank.com/estate-planning/) - Attorney Eric Schutzbank is an estate planning lawyer with offices in N. Andover, Massachusetts. Call to schedule a confidential consultation. - [Family & Divorce Mediation](https://www.berid-schutzbank.com/alternative-dispute-resolution/divorce-mediation/) - Divorce Mediation: Attorney Eric Schutzbank is a certified family and divorce mediator with law offices in North Andover, Massachusetts. - [Collaborative Law For Divorce](https://www.berid-schutzbank.com/alternative-dispute-resolution/collaborative-law/) - Attorney Eric Schutzbank offers Collaborative Law services as an alternative to divorce litigation. - [Alternatives to Litigation](https://www.berid-schutzbank.com/alternative-dispute-resolution/) - Attorney Eric Schutzbank offers Alternative Dispute Resolution (ADR) services in family law and divorce cases. - [Attorney Eric Schutzbank](https://www.berid-schutzbank.com/attorney-eric-schutzbank/) - Attorney Eric Schutzbank is a Massachusetts lawyer with offices in North Andover and serving the Merrimack Valley region. - [Criminal Law](https://www.berid-schutzbank.com/criminal-law/) - Attorney Eric Schutzbank is a criminal defense lawyer with experience in oui/dui, assault and battery, and domestic violence cases. - [Client Reviews](https://www.berid-schutzbank.com/client-reviews/) - [Parenting Plans & Child Custody](https://www.berid-schutzbank.com/divorce-lawyer/parental-rights-child-custody/) - Attorney Eric Schutzbank is an experienced child custody lawyer in North Andover, Massachusetts. Call for a confidential consultation. - [Child Support](https://www.berid-schutzbank.com/divorce-lawyer/child-support/) - Attorney Eric Schutzbank is an experienced child support lawyer with law offices located in North Andover, Massachusetts. - [Our Firm](https://www.berid-schutzbank.com/overview/) - Berid & Schutzbank is a law firm in North Andover, MA. We have provided legal guidance in the Merrimack Valley region in the areas of family law, divorce, child custody, mediation, alternative dispute resolution, elder law, and criminal law. - [Attorney Maxa Berid](https://www.berid-schutzbank.com/attorney-maxa-berid/) - Attorney Maxa Berid is retired from practicing law. Please contact Eric Schutzbank for any legal matters. - [Legal Matters](https://www.berid-schutzbank.com/legal-matters/) - [Step Parent Child Adoption](https://www.berid-schutzbank.com/family-law/child-adoption/) - Attorney Eric Schutzbank is a step parent child adoption lawyer serving clients throughout Massachusetts and Southern New Hampshire. 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