Don’t 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 confusing without the help of a knowledgeable attorney at your side. It’s important to consider that even though different financial accounts are valued at the same amount, the account owner may receive different withdraw amounts. This is because withdrawals will not be taxed in the
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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, and cannabis is that of driving under the influence of marijuana and marijuana-derived products. Most people are familiar with the laws surrounding DUI, or at least they think they understand these laws. Let’s take a moment to review the laws regarding alcohol and the operation
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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. While the scandal suggests a long-term investigation to turn over every rock, hundreds and hundreds of Massachusetts drivers have already been affected in the short-term by having their licenses suspected. Many more may also soon find their licenses suspended as the RMV races to repair
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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 reality is that there is never as much money after a divorce because it is the same gross income of the parties to support two households instead of one. Whether you were the primary wage earner or if your income is much smaller than your
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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, insurance policies and more must be transferred. Luckily, marriage licenses issued by one state are valid in all forty-nine others. A number of court cases have affirmed that one state must recognize a marriage license issued by another. Most famous are Loving v. Virginia, which
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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 to be at fault. A no-fault divorce is based on an irretrievable breakdown of the marital relationship. This is the legal phrase that shows that a marriage is broken beyond repair and there is no possibility of reconciliation. Either or both parties can file to
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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 initial litigation ended, it was uncovered that the government did not turn over roughly 400 documents that were relevant in that hearing. As a result of this discovery, the commonwealth stopped using the breath test results in Massachusetts in 2017.  On Jan. 9, Brennan issued
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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 part of the adoption. In nearly every adoption case, judges in adoption courts will consider the child’s best interests when making adoption decisions. In Massachusetts, you can adopt anyone younger than you are, as long as they aren’t your spouse, sibling, uncle, or aunt. In
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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 distributed. This process is referred to as intestacy law, and the court’s distribution of a person’s estate cannot be disputed by the beneficiaries. This is why having a Will is one of the most important legal documents a person can create. To be considered a
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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 will receive a “Failure to Appear” postcard. By phone or by mail, you can respond to this. If you have a reasonable excuse, such as illness, be sure to have a note from your doctor. You will then reschedule your service. Ignoring this card (at
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