Briones

Legal Blog

Pets and Divorce

People who know me well know how much I love animals, dogs in particular. So if you asked me who should get the dog in a divorce, I would likely have a different opinion than the Judges in Probate Court. Custody of the dog would be high on my priority list right after the children. On some days my dog comes before my children especially those in their teenage years.. My dog doesn’t talk back,

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Seriously, is it that difficult to use a blinker?

I was driving back from Court this afternoon and I admit I was rushing to get to my office. I was in the passing lane keeping a safe distance behind the car in front of me. Without warning, this red jaguar turned into my lane causing me to have to brake in order to not run into him. No blinker anywhere to be seen. This kind of driving really infuriates me. Was this driver just

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Will you help in an emergency?

I took an American Heart Association CPR course this week. To be honest, I was dreading it all day. But to my surprise, I found it really interesting! The instructor talked a little bit about why people are hesitant to help out when an emergency arises. They are afraid they will get sued. At my gym the next day, I was telling people about this great CPR class I took and about what the instructor

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Don’t like something about your divorce agreement?

Once a divorce is over and the dust settles, people often realize that they shouldn’t have agreed to certain terms in their agreement. I have been told by clients that they agreed to certain things because they just “wanted to get it over with”. Clarity comes later and people want to alter the agreement because they believe that something was not “fair”. In order to file for a modification of the divorce agreement, there must

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When Fido bites

Dog Owners in Massachusetts are strictly liable when their dog bites. The only defense to this is that the dog was being teased, tormented or abused by the bitee. Dog bite claims are generally covered under homeowner policies. If your dog bites someone, you should report it to your insurance company immediately. You will also have to produce vaccination records for your dog to prove that he or she has been vaccinated for rabies. If

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What should you expect from your lawyer?

There are a number of areas in which attorneys and their clients can come to disagreements. After all, in most cases, being the party in a probate, criminal or civil law suit is a high stress endeavor. Lack of communication, doubt about the attorney’s abilities, or simply the fact that he/she is a pompous ass are only a few reasons why clients and attorneys have relationship issues. In turn, some folks have a different view

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Is there any way to prevent a divorce once your spouse has filed?

People often ask me if there is any way to prevent a divorce if their spouse files against them. The answer is no. The basis of divorce in Mass is irretrievable breakdown. If one party believes that the marriage is irretrievably broken and wants to get a divorce, it will happen. Once a divorce is filed in Massachusetts, the Court will set a Pre trial date for six months away because contested divorces in MA

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Guardianship and College

I was talking with a lawyer friend the other day who also happens to be the guardian of two little boys. She raised an interesting question that neither of us knew the answer to as it relates to income numbers used for college. A guardianship ends at age 18 and that’s when a child typically goes off to College. The financial aid form (FAFSA) and the income reported on it become an important part of

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Is there a warrant out for your arrest?

I just read an online news story about a NH woman who goes to apply for a job with the police and ends up arrested because of an outstanding warrant from Maine. That must have been a shocker for her! More and more lately, we get calls for people who find out that they have a warrant for their arrest and need to turn themselves in. Or, even worse, they get pulled over for a

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Parking lot Accidents

You may have heard the song, “Parking Lot Party”? Well getting in a car accident in a parking lot is no party. It is one of the most common locations for a car accident and one of the most difficult to obtain a recovery from. The insurance companies have all but thrown their hands up in the air and generally make the dertmination that both parties are equally at fault unless you can convince your

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