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. 

Southboro Divorce and Family Law Attorney Stephen G. Morte  provides legal representation in the area of divorce and family law to individuals and families in Southboro Massachusetts and the surrounding communities including: Stowe, Sudbury, Wayland, Marlboro, Northboro, Berlin and Bolton.

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. 

Marlborough Divorce Attorney Stephen G. Morte  provides legal representation in the area of divorce and family law to individuals and families in Marlborough Massachusetts and the surrounding communities including: Stowe, Sudbury, Wayland, Southborough, Northborough, Berlin and Bolton.

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. 

Natick Criminal Defense Lawyer Stephen G. Morte  provides legal representation in the area of criminal defense to individuals in Natick, Massachusetts and surrounding communities including: Wayland, Wellesley, Needham, Dover, Sherborn, Ashland, Framingham, Marlborough and Marlborough.

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. 

Sudbury Drug Possession Attorney Stephen G. Morte  provides legal representation for drug possession and other criminal defense to individuals in Sudbury, Massachusetts and surrounding communities including: Maynard, Concord, Lincoln, Weston, Wayland, Southborough, Marlborough, Hudson and Stow.

General Litigation

A Sterling, Massachusetts company received a $575,000.00 settlement as a result of a counterclaim for damages related to a wood chipper that was contaminated by a fuel delivery person pouring diesel fuel into the hydraulic oil tank.  The settlement encompassed both damages to the machine itself in the amount of $50,000.00, plus economic loss for the time the wood chipper was unable to produce income for the company.

The case involved experts in the field of chemical engineering and mechanical engineering.  The case settled shortly before the selection of the jury.

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.

Southborough personal injury attorney Stephen G. Morte  represents victims of personal injuries in the Southborough area including Marlborough,  Northborough, and Westborough, Massachusetts.

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.

The Framingham Dog Bite Injury Attorney at our law firm serves communities in Boston Metrowest including Ashland, Framingham, Natick, and Marlborough.

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.

Our Northborough divorce attorney provides legal representation to individuals going through divorce in the towns of  Northborough, Marlborough, Shrewsbury, Southborough, Westborough.

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.

Southborough divorce attorney, Stephen Morte assists individuals going through divorce in the communities of  Southborough, Northborough, Westborough, Marlborough and Framingham.

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.

Framingham criminal defense attorney Stephen G. Morte provides legal services for people in the Greater Boston MetroWest region including Acton, Ashland, Ayer, Berlin, Bolton, Boston, Boylston, Cambridge, Clinton, Concord, Framingham, Fitchburg, Grafton, Harvard, Holliston, Hopkinton, Hudson, Lancaster, Leominster, Lincoln, Lowell, Luneneburg, Marlborough, Milford, Natick, Northborough, Shrewsbury, Southborough, Stow, Sudbury, Upton, Waltham, Wayland, Wellesley, Westborough, Weston, Worcester; and throughout Middlesex County, Worcester County, Suffolk County, and Norfolk County Massachusetts.