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Legal Blog

What is a no fault divorce?

In a no-fault divorce, the parties state in their filings that the marriage has broken down irretrievably or that the couple has irreconcilable differences. In other words, if one person wants a divorce, the couple will be divorced. In a fault divorce, the Plaintiff must prove that the Defendant has committed a wrong (cruel and abusive treatment is an at fault grounds for divorce in MA) that allows the Plaintiff to get a divorce. People

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What to expect at a clerk magistrate’s hearing?

A Clerk Magistrate Hearing is a very important part of our criminal justice system. In many cases, instead of the police arresting you for a crime, you are summoned to the court via mail for a Clerk Magistrate Hearing. This hearing is your opportunity to tell your side of the story in hopes that the clerk does not move the matter forward for formal charges that remain on your criminal record. Getting the clerk to

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Collision coverage, yes or no?

People often ask me why they should carry collision coverage on their vehicles. It’s expensive. This is what I tell them. When you’re in an accident and it’s your fault, your insurance company will pay for the repair or the value of the vehicle less your deductible. That can be a pretty large expense to have to pay for if you don’t carry collision coverage. You can’t plan when an accident is going to occur

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What legal documents do you need to have and why.

I get asked all the time what legal documents are needed by friends who have elderly parents and children recently over the age of 18. People understand generally the purpose of having a will but there seems to be a lot of confusion about exactly what other documents are needed. I thought I would go through the typical legal documents in addition to wills and their purpose. 1. Durable Power of Attorney (DPOA): The purpose

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Recent Supreme Judicial Court Decision Regarding Parental Rights for Non Biological Parents

On October 4, 2016 the Massachusetts Supreme Judicial Court ruled that a person may establish themselves as a child’s presumptive parent without being biologically related to the child. In Partanen v. Gallagher, a same sex couple underwent assisted reproduction and one partner argued that the other was not a parent to the resulting children due to the lack of biological connection. The Court found that it is possible for an individual who is not biologically

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Winter is coming, be careful don’t slip on that ice!

Winter is coming and there are so many things to look forward to! The first snow, a crackling fire, skiing, snowshoeing or whatever floats your boat. I personally love winter. I will admit that I can live without the treacherous roads and the ice everywhere when I’m just trying to go about my normal routine. Oh and the cold, I can live without the extreme cold! Did you know that it is a relatively recent

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Drinking and guns.

Do you have a license to carry a firearm? (LTC) Did you know if you are carrying your firearm or have one in your car and you have had only ONE drink you can be arrested? Under Massachusetts General Laws Chapter 269, section 10H anyone who carries a firearm in the state of Massachusetts while under the influence of an intoxicating substance, such as alcohol, marijuana, narcotics, depressants or stimulant substances commits a crime. In

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You have an 18 year old now…

Your baby has just turned 18. Probably heading out for college soon. Did you know that you are no longer legally entitled to access to their medical information? Or their legal affairs? Bank accounts? What’s a helicopter parent to do? What you can and should do is have your little cherub execute a durable power of attorney that also contains an authorization for the release of information in conjunction with the H.I.P.P.A. rules. This document

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