Our Areas of Practice
Contempts & Modifications
Sometimes, the other side doesn’t comply with an Order, Judgment, or Agreement. Such non-compliance can include failing to make child support, ignoring the provisions of a parenting agreement, or failing to fulfill the responsibilities of a divorce agreement to name a few examples. If that party is knowingly and willfully ignoring their responsibilities, in may be necessary to request that the Court intervene and force compliance.
Regardless of how you and your soon to be ex-spouse are communicating, Divorce is an emotional and tumultuous process. Emotions can run wild as you try to navigate ending a relationship while starting a new life and protecting your children. Having an attorney who listens to you and explains each step of the procedure to you can go a long way in easing you through this process.
Custody, Support and Paternity Matters
It’s important to put aside your disagreements and put your children’s needs first. The Courts encourage the parties to reach a parenting agreement but such agreements must be proportionate to the family’s needs. That means if circumstances change, so too should the custody order, however, agreements can be modified by agreement. It is important to have a well drafted agreement that covers multiple matters and can extend through a period of time to avoid frequent return trips to Court.
Probating an Estate
When it comes to Probating an Estate, Massachusetts has adopted the Uniform Probate Code which includes multiple documents to be completed for opening, administering, and closing an Estate. The documents you use will depend on how you probate your loved one’s estate. Hiring a lawyer to handle the paperwork and assist with procuring the correct appointment, facilitating the administration, and tying up the loose ends provides you peace of mind. It allows you to focus on what’s important while the attorney manages the paperwork.
Guardianships & Conservatorships
Determining whether a Guardianship is the appropriate next step is a tough decision. An adult guardianship is necessary when someone over the age of 18 has a clinically diagnosed medical condition and is unable to make or communicate effective decisions about their health, safety and well-being. In some cases, a Limited Guardianship may be appropriate when the person is able to make some choices on their own.
Estate Packages / Simple Trusts / Power of Attorney / Health Care Proxy
When drafting an Estate Package, it’s important that your estate is distributed according to your wishes after your death. With all of the changes to the Massachusetts Probate Code in the last few years, there could be errors in your current Last Will and Testament that may impede the powers of the Personal Representative (formerly called the Executor). Massachusetts will not probate a will that has provisions crossed out or written in. Also, your nominated Personal Representatives may no longer be willing and able to accept. Having the appropriate information correct and up to standard will help ease the burden for your loved ones during their time of mourning.
Mediation is a voluntary and confidential process where two parties sit down to resolve their issues with the help of a neutral third party. This process is very successful in family law matters such as divorce, paternity, custody, child support and parenting plans. Mediation can also be used to assist in probate matters involving elder care decisions. It can be used prior to litigation, during litigation, or instead of litigation. The Courts encourage the parties to make decisions on what’s best for their individual families.
Collaborative Law has been an available option for settling disputes for over 20 years but has recently started gaining popularity. It is a form of mediation that brings not just the parties and attorneys to the table but also incorporates a coach to help facilitate the discussions and provide one-on-one discussions with the parties to ensure all issues are addressed.