What Happens At An Arraignment In Massachusetts Criminal Court?

What Is An Arraignment In Massachusetts, And Where Does It Fit In The Criminal Process? An arraignment in Massachusetts is the initial step in the criminal process after probable cause is established to charge someone with a crime. During the arraignment, the charges against the individual are formally read. Generally, a plea of not guilty… Continue reading What Happens At An Arraignment In Massachusetts Criminal Court?

What to Do If You’re Served With Divorce Papers in Massachusetts

What Should Someone Understand First When Served With Divorce Papers In Massachusetts? When someone is served with divorce papers in Massachusetts, they often rush ahead in their thoughts, worrying about alimony, the house, or their retirement accounts. However, these concerns are typically months away from being addressed. The initial step is not to panic and… Continue reading What to Do If You’re Served With Divorce Papers in Massachusetts

Navigating Custody Order Violations In Massachusetts

How Often Do Custody Orders Get Violated By Parents? Violations of custody orders aren’t extremely common as most people tend to respect court orders. However, there was an uptick during the COVID-19 pandemic, especially regarding disagreements over vaccination. Common violations also include minor issues like skipping parenting time or scheduling activities during the other parent’s… Continue reading Navigating Custody Order Violations In Massachusetts

Understanding Massachusetts 209A Restraining Order Hearings

What Happens After Someone Is Served With A 209A Restraining Order In Massachusetts? Once someone is served with a 209A restraining order, they should immediately start preparing for the upcoming hearing. This includes hiring an attorney experienced in restraining orders and obtaining the affidavit filed with the order, which is typically not served by the… Continue reading Understanding Massachusetts 209A Restraining Order Hearings

How Restraining Orders Affect Custody And Parenting In Massachusetts

How Often Do Restraining Orders Become Part Of Divorce Or Custody Disputes In Massachusetts? Restraining orders come up in about 40 to 50% of divorce or custody cases handled by attorneys who practice both family and criminal law in Massachusetts. This percentage may vary if the lawyer specializes solely in one area. What Happens To… Continue reading How Restraining Orders Affect Custody And Parenting In Massachusetts

Navigating Domestic Violence Allegations During Divorce

How Often Do Domestic Violence Allegations Emerge After A Divorce Filing And Why Is The Timing Significant? Domestic violence allegations frequently arise after a divorce filing. This timing is significant because it can create suspicion about the legitimacy of the claims, suggesting they might be strategically timed. However, it’s also common for domestic violence to… Continue reading Navigating Domestic Violence Allegations During Divorce

Understanding Your Rights During a Police Stop in Massachusetts

What is the most common misconception about rights during police stops in Massachusetts? A common misconception is that individuals must answer all questions posed by police officers during a stop. In reality, while you are required to provide your driver’s license, registration, and proof of insurance, you do not have to answer other questions, such… Continue reading Understanding Your Rights During a Police Stop in Massachusetts

Understanding Probation Violations and Your Rights in Massachusetts

What constitutes a technical probation violation in Massachusetts, and how does it differ from a substantive violation? A technical probation violation in Massachusetts refers to infractions like missing an office visit, failing to complete required classes, or testing positive for prohibited substances. On the other hand, a substantive violation involves committing a new criminal offense… Continue reading Understanding Probation Violations and Your Rights in Massachusetts

Parenting Plans in Real Life: Why 50/50 Isn’t Always the Default

Why do most people assume a 50-50 custody split in parenting plans? Most individuals, especially in cases of unwed couples, tend to believe in a default 50-50 split based on factors like living arrangements and historical involvement with the child. This assumption often stems from a sense of fairness and equality in parenting responsibilities. In… Continue reading Parenting Plans in Real Life: Why 50/50 Isn’t Always the Default

Dividing the House and 401(k): How Property Is Split in a Massachusetts Divorce

How does Massachusetts law generally approach property division, and what does equitable distribution mean in real life? Massachusetts follows an equitable division approach rather than equal division, focusing on fairness based on various factors. While there’s a general presumption of a 50-50 split, judges have leeway to consider each party’s circumstances, such as earning capacity,… Continue reading Dividing the House and 401(k): How Property Is Split in a Massachusetts Divorce