February 22, 2012

Questions & Answers

How do we handle the financial aspects of a divorce?

Additional Information:

My husband moved out of our Southboro home almost 2 years ago.  We’re on good terms with one another and share custody of our 2 children.  He currently pays for daycare for our son and I’d like to ask him to help with the children’s medical/dental expenses.  We have no assets to divide.

ATTORNEY ANSWER:

Unless and until you have orders from the Probate Court, you do not have anything that is enforceable at law. My advice would be to file a divorce action and seek temporary orders as soon as possible in order to establish the obligations for child support and medical insurance.  [Read more...]

Do we need to get a divorce in MA or can we stay separated indefinitely?

Additional Information:

I left my husband a couple of years ago and moved away (we were married in Marlborough, MA).  When I left, we just needed a break.   We have no kids, I don’t intend to remarry and I’m not on his health insurance or vice versa.  We haven’t kept in touch and I’m wondering if we can stay separated indefinitely?  Does leaving the marriage constitute abandonment or something like that?

ATTORNEY ANSWER:

You may continue to remain married but separated however your legal status would prevent you from legally marrying until you get divorced and being potentially liable for his actions (such as his debt ) until such time as you get divorced. My best advice is that if you don’t intend to get back together then you or he should file for divorce and resolve any outstanding issues in a divorce agreement.  [Read more...]

My 17 year old daughter was arrested for shoplifting. What’s the best way to handle this?

Additional Information:

My 17 year old daughter was caught for shoplifting at the Natick Mall.   She has never been in trouble with the law before and I was shocked she would try to steal a $20 DVD.  I thought it was handled by the store manager, but Natick police got involved and now she has to appear for a hearing.  She’s only 17 and has her whole life ahead of her.  I’d hate for this poor decision to follow her for the rest of her life. What’s the best way to handle this?

ATTORNEY ANSWER:

I would advise you to hire a criminal attorney familiar with the court system. While shoplifting cases are misdemeanors and it would not be likely to involve any harsh penalty, it would be very important to keep your daughter’s record clean as it may affect her for the rest of her life.  [Read more...]

Should we hire a criminal defense attorney for our son?

Additional Information:

Our son is a freshman in college at a Boston school and was home visiting for the holiday break.  While out with some friends he was arrested by the Sudbury police for possession of a small amount of cocaine. My wife and I want the best possible result for him and are contemplating hiring an attorney to defend him, but we’re not sure if it’s worth it.  Will he just end up with the same type of plea bargain?

ATTORNEY ANSWER:

Wouldn’t it be a shame to find out years from now that you should have hired an attorney to investigate and determine what defenses might be available to him. I often get calls from individuals who come to me years after the event and try to correct a situation that might have been remedied at the time. You should always hire an attorney when there is a serious charge like drug possession. That attorney would investigate whether your son has valid legal defenses and can advise you regarding the possible ramifications of any plea deal.  [Read more...]

I fell and injuried myself in a Southborough MA restaurant.

Additional Information:

I fell and injured my knee at a restaurant in Southborough.  The carpeting was loose.  There were several other patrons who tripped over the carpet before me, and this all happened in front of the hostess stand.  I’ve had knee surgery and continue physical therapy.  Do I have a case against the restaurant and can I sue for damages as I will probably not be able to participate in sports like I had in the past?

ATTORNEY ANSWER:

The owner of property has a responsibility to those who are on the premises legally to keep the property free from defects and to provide a reasonably safe environment. I believe that on the facts you have a strong case to hold the owner responsible for your injuries. [Read more...]

What’s our liability if our dog bites someone?

Additional Information:

We live in Framingham, MA and I just got a German Sheppard for my kids. My wife is concerned about our liability if the dog bites someone when she gets older. I thought this would be covered by our homeowners insurance.   Is that so? Thank you in advance for your help.

ATTORNEY ANSWER:

Massachusetts has a strict liability standard regarding injuries caused by animals and pets. The owner of the animal can be held liable for any injuries caused by the animal except in rare circumstances. [Read more...]

Will money earned after separation be awarded to my ex?

Additional Information:

My wife and I have been separated for over a year. I am living with a new partner and considering starting my own business. Will my wife have any claim on the monies when we go through the divorce?

ATTORNEY ANSWER:

Until the divorce has been finalized the court may divide up assets even though they may have been acquired after the separation. Therefore you should seek to get the divorce done as soon as you can to protect yourself. [Read more...]

In MA, can 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.  Is what we did legally binding or can she sue me for back child support?

ATTORNEY ANSWER:

The agreement should be filed and approved by the court in order for it to be valid. It would be necessary to file a complaint for modification and then seek to have the agreement brought before the judge. [Read more...]

Can you explain the law in MA regarding leaving the scene of an accident?

Additional Information:

My 22-year old daughter was involved in a minor accident in a shopping plaza in Framingham, MA.  She doesn’t know if she caused damage to the parked car she hit.  She left the parking area without leaving her contact information and now she’s wondering what she should do.  Can you please explain the law in this situation and her legal responsibilities? Thanks.

ATTORNEY ANSWER:

It is a crime to leave the scene after knowingly causing personal injury or property damage. There may be extenuating circumstances and she should contact a lawyer to discuss the facts of her case in order to determine how best to handle any charges that may be pending. [Read more...]

What is the difference between a felony and a misdemeanor in Massachusetts?

Additional Information:

What is the difference between a felony and a misdemeanor in Massachusetts? Does it have to do with whether you can go to jail or not if you get convicted or is it some other factor? Thanks.

ATTORNEY ANSWER:

Generally speaking the difference between a felony and a misdemeanor is the amount of time one would serve. A felony which is more serious  would be served in a state’s prison. A misdemeanor would be served in a house of correction or a jail. A felony charge would include crimes like murder, rape assault and battery with a dangerous weapon. A misdemeanor charge would include crimes like driving under the influence,larceny under $250.00 and a simple assault. [Read more...]

In Massachusetts, how are assets divided in a divorce?

Additional Information:

We have been married for over thirty years, unfortunately, I now realize that all of our assets are in my husband’s name.  Does this mean that if I file for divorce I will not get anything?

ATTORNEY ANSWER:

Not at all.  It matters little to a Probate Judge whose name the property is in.  Rather, the Judges in Massachusetts try to make an equitable division of all assets and liabilities, which generally mean that the property acquired during the course of the marriage, should be divided equally.

[Read more...]

I’ve witnessed some sexual harassment at work.

Additional  Information:

I have been working for this company for only six months.  While there, I have noticed that my boss has been sexually harassing some of my co-workers.  I have been asked to give a statement about what I witnessed, but I am worried that I will be fired.  What can I do?

ATTORNEY ANSWER:

If your employer were to treat you differently or terminate you, you would be able to sue him for retaliation.  Although it is never easy to stand up for someone else, if you do, you should be assured that the law will protect you.  If you fear this may happen, please call an Employment lawyer who concentrates in the area of trial work.

[Read more...]

In long term marriage with aggressive husband, how do I legally protect myself and our children?

Additional Information:

I have been married for over eighteen years and we have two children together.  Since the children were born, we decided that I would stay at home and raise them.  My husband has been getting more aggressive with me and I worry that things may happen.  I do not want to leave the house, as I have no place to go.

ATTORNEY ANSWER:

If you feel threatened or intimidated by your husband’s actions, or if your husband gets violent with you, you should call the police immediately.  They can help you get an Abuse Prevention Order, which will protect you.  You should then call a lawyer that concentrates in the area of Domestic Relations or Divorce.  That lawyer can file a motion for temporary orders to make certain that you get the protection from the Court that you need, as well as making sure that you get adequate child and spousal support.

[Read more...]

I am pregnant. Are there any laws protecting my employment?

Additional  Information:

I have been working for my company for over three years.  Recently I became pregnant and informed my supervisor of the fact.  Since that time, he has been acting differently towards me.  I am worried that I may be fired.  I know that I am an “employee at will” according to the employee’s handbook, but I wonder if there are any laws protecting me.

ATTORNEY ANSWER:

Absolutely, Massachusetts has laws protecting employees relating to discrimination because of maternity.  M.G..L.c. 151B §4(1) and M.G.L.c. 149 §105D prevent against sexual discrimination in the workplace and discrimination based on maternity.  You should immediately call a lawyer who handles Employment Discrimination cases.

[Read more...]

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