Category: Articles

What Can Be Modified in a Divorce Agreement

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you need to consult with an experienced divorce attorney. The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change, a significant change

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The Importance of Hiring a Top Personal Injury Attorney

If you are a resident of Massachusetts and have been seriously injured or have suffered the loss of a family member killed by wrongdoing or negligence, you should be aware of the importance of hiring an experienced personal injury lawyer. Far too much is at stake to engage in self-representation in these types of cases. Regardless of the type of accident, injuries due to someone else’s negligence can result in pain and expense that lasts

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Divorce 101: A Quick Intro To Filing For Divorce In Massachusetts

Many couples start out in marriage with great hopes and expectations, only to end up in a relationship that unfortunately does not work. There are many steps in the divorce process in Massachusetts and just as many avenues to take depending on your situation. Here is a brief introduction to filing for divorce in Massachusetts and some of what you may encounter. A divorce can be categorized as “no-fault” or “fault.” If both parties agree

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OUI Self Representation -Things to consider

Many people who receive a driving under the influence (DUI) or operating under the influence (OUI) charge, as it is known in Massachusetts, assume that the offense is relatively simple and thus believe they should represent themselves when the case comes to court. Each individual is entitled to do so. However, below are several facts to consider before making a decision. Certain attorneys specialize in drunk driving defense. They understand the intricacies of the law

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Premises Liability – What is it and Who is at fault?

Winter is here, and there is snow and ice. In fact, if it’s anything like last year, there may be a lot of snow and ice. Injuries due to snow and ice may be cause for damages in a premises liability case. Premises liability in Massachusetts, however, applies to many types of injuries and accidents, not just those caused by our weather. The term “premises liability” covers any kind of accident that arises from a

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Three things about OUI/DUI you wish you had known sooner

If you’ve been pulled over and charged with OUI in Massachusetts, there are three things about Massachusetts OUI/DUI laws that you’ll wish you’d known sooner. Let’s start with some definitions. OUI means “operating under the influence” of alcohol, while DUI means “driving under the influence” of alcohol. While many states refer to drunk driving arrests as DUIs, in Massachusetts, the term OUI is used for all such charges. Things you should know: The penalties for

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Modifications of Family Court Judgments in the State of Massachusetts

When the terms of your divorce or custody proceeding no longer fit your present circumstances, a joint petition or complaint for modification can alter the terms accordingly. In the state of Massachusetts, the court must issue a new judgment which alters the prior judgment in order for the terms to be in enforceable, even if you and your former spouse or, if never married, the other parent agree on the changes. These are common examples

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The First Step In The Divorce Process

Ending a marriage is a difficult and stressful decision. But, the decision is only the first step in ending a marriage. Once you have decided that divorce is best for you and your spouse, the next step is finding an attorney. A law firm well-versed in Massachusetts law pertaining to divorce can help make the dissolution of your marriage as painless and smooth as possible. When you begin looking for representation, it is important that

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Why Hiring a Forensic Accountant may be Necessary for your Divorce

With the many complications involved in divorce–both financial and the stress it places on the individuals involved–the last thing one needs to deal with is the suspicion that the opposing spouse is hiding assets or unreported income during the legal process of dividing marital assets and debts. It is in cases such as this when a specialist with experience in forensic accounting in divorce cases becomes necessary. This is a very confusing experience for an

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Auto Accidents: Back and Neck Injuries

If you’ve been involved in an auto accident, don’t ignore the minor aches and pains. You may think you’re not seriously injured and that its too much trouble to go to the doctor to check out such a minor issue. The fact of the matter is many types of back and neck injuries can take weeks and even months to surface and that minor ache often turns in to something much more serious. Here are

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Technical problems could overturn recent drunk driving convictions in Massachusetts

As of April 2015 the Massachusetts Attorney General has acknowledged that technical problems involving faulty breathalyser machines could overturn many recent drunk driving convictions in Massachusetts. If you have been convicted of OUI and the use of a breathalyser machine was used against you at trial, you may be able to overturn your conviction and/or get a new trail. Call us for a phone case evaluation.

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Understanding Massachusetts OUI Laws

The Commonwealth of Massachusetts has passed a number of laws in the past decade that are very harsh on those who are arrested for operating under the influence (OUI).  If you are stopped and charged with OUI, you will need to have a basic understanding of the penalties you could face under Massachusetts OUI laws. Understanding the terms Melanie’s Law was passed in October of 2005 in Massachusetts for the sole purpose of allowing stronger

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Massachusetts Maternity Leave Act

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 the birth, adoption, or court-ordered placement of a child in their home. The original MMLA provided female employees the right to take eight weeks

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Comparative Fault in Massachusetts

Massachusetts law uses a rule called comparative fault (aka “Comparative/Contributory Negligence”) when determining financial damages in a personal injury case. In effect, a determination will be made regarding what percentage of fault is assigned to the victim of an injury as well as the fault assigned to the person believed to be at fault for the injury. Practical application of comparative fault For most people, it is a challenge to understand comparative fault. Therefore it

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Snow and Ice. Slip and Fall.

Winter in Massachusetts is a time of snow, ice and even hail. Property owners now have to worry about the potential liability they face from snow and ice, which can cause slip and fall injuries more than ever before. In 2010, the MA Supreme Court basically changed property liability rules from the long standing principle that owners were only liable for “unnatural” accumulations of snow and ice. What is unnatural accumulation? Massachusetts defined unnatural accumulation

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Premises Liability and Understanding Property Owners’ Legal Duty to Prevent Injury

Property Owners’ Legal Duty to Prevent Injury : When someone owns property that person has what’s called a legal duty to prevent injury. In many instances it’s referred to simply as liability. What that means is a property owner, whether it’s a homeowner or a business owner, is expected to take reasonable precautions to make sure people on his or her property do not incur an accident or get injured in ways that could have

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Drug Possession Laws in Massachusetts

In spite of the changes made by the Commonwealth of Massachusetts in minimizing some mandatory sentencing requirements, being arrested for possession of drugs in the Massachusetts carries harsh sentences, fines and a potential loss of driving privileges. Under Massachusetts law, except for possession of amounts of less than one ounce of marijuana, possession of drugs may result in the following penalties and jail time:

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Understanding Melanie’s Law – Massachusetts OUI Laws

Like most states, the Commonwealth of Massachusetts takes OUI (operating under the influence) charges very seriously. In October of 2005, then Governor Mitt Romney signed “Melanie’s Law” which enhanced many of the existing penalties for driving while under the influence as well as the penalties for refusing to take breathalyzer tests. It is worth noting that Massachusetts now has a lifetime look back period for OUIs and this will impact all drivers who had previous

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The Massachusetts Divorce Process

No one enters a marriage with the idea that it is going to end in divorce. However, for many couples a divorce is the only solution for an unhappy situation. If you’re considering filing for divorce in Massachusetts, make sure you understand the two types of dissolutions available to you.

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Factors that Affect BAC, Revelli & Luzzo, Worcester, MA

8 Factors That Affect BAC

You’re going out for a night on the town, and you’ve offered to drive. You plan on being responsible, only having a couple of drinks before you drive home. Although you may feel like you’re fine to drive, alcohol affects people in different ways. Before you get behind the wheel, it is important to know the factors that affect BAC so that you don’t risk driving under the influence.

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