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What Are the Options When One Person Wants a Divorce and the Other Does Not?

If either you or your spouse wants a divorce but the other does not, it can be a difficult and emotionally challenging situation. In Massachusetts, you may get a divorce even if your spouse does not agree. Legally speaking you don’t need your partner’s consent to get a divorce. However, it is important to remember that every person and relationship is unique, and divorce is not always the solution. Here are a few options that

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Underinsured Motorist Coverage in Massachusetts

Underinsured motorist coverage (UIM) is an important type of car insurance that can protect you in the event of an accident caused by a driver who does not have enough insurance to cover your damages. In Massachusetts, UIM coverage is mandatory, meaning that all drivers must have it as part of their car insurance policy. Despite this requirement, many people are not aware of the benefits of UIM coverage, or they assume that they will

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Consequence of Refusing Field Sobriety Tests in Massachusetts

Field sobriety tests are a common tool used by law enforcement officers to determine whether a driver is under the influence of alcohol. In Massachusetts, if you are pulled over on suspicion of drunk driving, you may be asked to perform a field sobriety test. While these tests can be useful in determining whether someone is impaired, they also have their limitations and drawbacks. In this article, we will explore the pros and cons of

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Residency Requirements for Filing for Divorce in Massachusetts

Filing for divorce can be a complex and emotionally challenging process. To file for divorce in Massachusetts, you must meet specific legal requirements, including residency requirements. In this article, we will provide you with an in-depth understanding of the residency requirements for filing for divorce in Massachusetts and explore the circumstances which non-residents can file for divorce in Massachusetts. Residency Requirements for Filing for Divorce in Massachusetts In Massachusetts, either you or your spouse must

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Massachusetts SJC Decision Affecting Alimony and Child Support Calculations

The recent Supreme Judicial Court (SJC) decision in the case of Cavanaugh v. Cavanaugh has changed the way lawyers think about alimony and child support in Massachusetts family court cases. The SJC’s decision, which was issued in June 2022, has caused a significant shift in the way family court cases are approached, as it has revised the way in which income is calculated when determining support payments. In Cavanaugh v. Cavanaugh, the Court noted the

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Is My Massachusetts Personal Injury Settlement Taxable?

Personal injury settlements can include payment for various damages, such as lost earning capacity, emotional distress, medical bills, attorney fees, and more. While most financial compensation is considered taxable income, the IRS typically does not have involvement with injury settlements for damages associated with a settled claim. According to the IRS, “If you received a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to

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Can I request a protection order against my ex for cyberstalking?

When divorce is not something both parties want, it is not unusual for a spouse to act resentful or even retaliate against their partner. Many divorcing couples face stressful disputes during the process of separation. For some, these disputes can turn from emotional arguments to criminal crimes, such as stalking. Stalking is a serious, illegal offense. Whether committed physically (in-person) or virtually, stalking is a crime that is not taken lightly by the courts. A

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Filing a Personal Injury Claim for Whiplash After a Car Accident

Whiplash is a common injury resulting from minor to severe auto accidents. Compensatory damages for whiplash injuries may be filed when an accident involves a negligent driver. If you’ve been in an auto accident and have already suffered whiplash injuries, you should seek immediate medical attention. Then call our office for information about filing a personal injury claim. What is whiplash? Whiplash is common among victims who are involved in rear-end collisions. The term whiplash

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What To Ask For In Your Divorce Settlement

A fair divorce settlement leaves both parties with what they need to start over. Before negotiations begin, you should discuss your options with your divorce attorney. To help guide your negotiations and avoid surprises, you should create a list of your nonnegotiables, the things you’re willing to be flexible on, and the things you’re willing to live without. Below is a list of topics to consider when determining what to ask for in your divorce

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When An Injury Occurs At A Short-term Rental Property

When an injury occurs at a short-term rental property (e.g. Airbnb), can the injured party recover damages from the property owner, the rental app/service, or both? Who’s to Blame When an Airbnb Goes Awry? Premises Liability and Short-Term Rentals While you may be able to take a vacation, gravity never does. If you slip and fall on the freshly mopped floor of a hotel lobby, it is pretty clear that the hotel proprietor is responsible

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