Briones Law Group Blog

Get the Facts About Parental Rights, Paternity Testing, and Child Support

As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed to be the biological father and is responsible for financial obligations. As a presumed father, if you believe you are

Property Division, Retirement Assets and Divorce

In a divorce, there will be an equitable division of marital assets and marital debts. So, what constitutes a marital asset? Marital property is an all-encompassing term that covers anything that was acquired, or accrued value during the marriage, regardless of whose name is on the account. Many people are surprised to find out that this includes retirement assets. If you have paid into your retirement account during the marriage, then your spouse is entitled

Modifying Child Custody Agreements: For Safety’s Sake

Final Judgement, Not Final Word In awarding custody, the goal of a family court, above all, is the safety and wellbeing of the child or children involved. One of these factors is consistency, so courts will be hesitant to change what is called a “final” custody order. While it is possible for later modifications to be made, unless both parents agree to the changes, this is a protracted process. One exception is when there is

10 Questions To Help You Create Your Will

Creating a will not at the top of your to-do-list? Maybe it should be! Creating an estate plan is one way to ensure your family is taken care of, and your wishes are carried out in the future. Having a will isn’t just for the uber-rich or elderly. In fact, everyone should have a will regardless of your marital status, age, or the size of one’s estate. When writing out your will, many considerations need

Civil Matter – Litigation regarding assets acquired in a relationship

Our client ended a relationship in which significant assets were purchased together, including a home. Our client’s position was that her income alone had paid for the property in dispute. The defendant, her ex-partner, argued that these assets should be split evenly. The defendant claimed both parties contributed equally to the purchase of these items. Through discovery, we were able to uncover the money trail. At mediation, we presented the facts: all the funds had

How to Protect Yourself if Falsely Accused of a Crime

Being wrongly accused of a crime is the last thing anyone wants to happen. Unfortunately, innocent people can be caught in the crossfire of circumstances, causing a witness or victim to misidentify suspects or lead police to think that an innocent suspect committed a crime. It’s important to know what steps to take if you are falsely accused or charged with a crime. First, you should retain an experienced criminal defense attorney as soon as

How To Protect Your Children During a Divorce

Children are more intuitive than we give them credit. Divorce takes a toll on every member of the family, but it’s essential to make sure the children understand that the end of your marriage is not the end of the parent-child relationship. Have an Open Discussion Before sitting down with your child to announce the divorce, make a plan with your ex. Let the kids know what is going on with an open discussion as

Massachusetts Auto Accidents: An Overview

Wherever an auto accident happens, it is never convenient, often overwhelming, and at times life-altering. If you have recently been in an accident in the Commonwealth of Massachusetts, this article will help you sort out what the process looks like from here, giving you a sense of what you have already done and what remains to be done to get your life back on track. For any Massachusetts driver, whether you have been in an

What are the Legal Consequences of Setting off Fireworks in Massachusetts?

During a recent press conference Boston Mayor Marty Walsh said that calls for fireworks have gone up by 2300%. Firework complaints typically increase in the week before fourth of July; however, this statistic is unprecedented. According to Massachusetts State Law, it is illegal for citizens to use, possess, or sell fireworks, or to purchase them legally else ware and transport them into state. If you are found in possession of fireworks, an officer is mandated

Am I Allowed to Date if My Divorce is Pending?

Divorce can be a lengthy process, and for many divorcing couples, the marriage is over emotionally long before a divorce is legally pursued. It’s not uncommon for a spouse to consider dating while their divorce is pending. The short answer to the question ‘to date or not to date’ is that there is no law in Massachusetts that prevents spouses from dating after separating or divorcing. So yes, you are allowed to date when your

Briones

Law Group