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I Want Her Out Now!

I want him/her out - now! When a married couple agrees to divorce, it signals the end of the union. However, it is easy to recognize that there are still many unanswered questions. I am often asked this question by one of the parties: "We have already agreed the...

Supreme Judicial Court Announces Interim Procedure for Attorney and Self-Represented Party Participation in Juror Voir Dire

Supreme Judicial Court Announces Interim Procedure for Attorney and Self-Represented Party Participation in Juror Voir Dire BOSTON, MA – The Supreme Judicial Court today announced an interim procedure to implement a new statute, St. 2014, Chapter 254, Section 2, which...

Can I Stop Him From Selling Our Home While Child Is Still in School?

Question: My husband moved out of our home two years ago and moved in with another woman. We have guardianship of my granddaughter who will be graduating from high school in 2018. she is going to be going to college after she graduates. My husband said that as soon as...

Brangelina: What If They Divorced in Massachusetts?

I can’t imagine you’ve listened to the news or radio over the past week without having heard something about the pending divorce of Brad Pitt and Angelia Jolie. The two separated recently and Jolie filed for divorce. It's become a nasty case with all sorts of...

Child Support: Two Part Series on Common Issues – Intro

Certain questions become very common in the practice of divorce and parenting. Particularly with the commonality of changing jobs more often than in the past and second marriages and/or new relationships post-divorce, issues rise that may not have been an issue many...

Surviving Divorce Through the Holidays

Happy Holidays! – even during divorce. “It’s the most wonderful time of the year!” During a divorce, or even after a divorce, the holidays can be a very difficult time of the year. Since the holidays are upon us, here are a few pointers to keep your kids happy, save...

Who Gets the Engagement Ring?

The contemplation of marriage, instituted by the engagement of the parties, traditionally brings with it an engagement ring given from one to another. Some have sentimental value: engagement rings are handed down and are often heirlooms. An engagement ring may have...

How to Build Financial Security When Facing Divorce

How to Build Financial Security When Facing Divorce If you see divorce or separation looming in your future, there are ways to plan ahead and build financial security to prepare for what could be a financially difficult time ahead. Here are some tips for you to...

Fight For Your Right – For Child Support

I get calls from clients on a regular basis who ask me if they should "go after" child support. Some clients are preparing for a divorce, some are previously divorced and others are parents who were never married. There are a couple of things to point out here. If...

Paternity: How can I establish paternity of my child?

If you are wondering how to establish paternity of your child, chances are, you have read up on some of the variety of ways and may have become confused on the right path to take. There are a number of valid ways you can go about this and there are good reasons on...

New Child Support Guidelines 2017 – Part 2

Welcome back to part 2 of our series on the new Child Support Guidelines (2017 version). This section will address the increase to the minimum child support order. If you missed our previous article, you can find it here, at: New Guidelines Overview. Increase of...

Is It Safe To Leave an Abusive Marriage?

A co-worker, "Pat", confides to you during lunch one day that her "marital bliss" has all been a sham and that she thinks she has just learned to accept her husband's abusive behavior. All of the stories she shares at work about her family are lies and have been for...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

The Only Person that can Change a Court Order is the Court!

I come across this issue fairly often, many different contexts, and decided that it was a great issue to discuss here. It is very clear in all contexts. If you are subject to a Court’s Order, that Order remains effective until 1) that order expires or 2) the Court...

What is Sole Custody?

Often people come to me and want “sole custody” of their child. What does this mean? Is it often awarded? Why? How can you convince the Court to award it to you? Sole Legal Custody in MA: In Massachusetts, the Court will award “legal” custody, which refers...

Statutes, Retrials & Double Jeopardy

If you have seen the news this week, you may have noticed that actor and comedian Bill Cosby is back in court over charges of sexual assault. While that may not be big news, the overall landscape regarding his crimes is big news. His alleged crimes, the way they...

What is the Automatic Restraining Order?

When a Divorce is filed, an automatic restraining order on assets immediately applies. This prohibits you, and your spouse, from encumbering, selling or transferring certain marital assets during the pendency of the divorce proceedings. Notice of this automatic...

Just When We Thought He Was Beyond Reach

By now you may have heard that Bill Cosby was recently criminally charged by one of the women who claims that she was drugged and touched by him in the past. The Commonwealth of Pennsylvania charged Bill Cosby today with aggravated indecent assault, sneaking the...

Social Media and Legal Action

The biggest piece of advice that I can give to a client is to refrain from social media when you are involved in litigation. Be it a criminal case, a divorce, a restraining order – no matter what type of case, the best bet is always to stay silent. Clients are often...

Appeal a Judgment

I recently came across this article "How to Appeal a Judgment without an Attorney." Being fairly intrigued, I read the article looking for holes that I could use in writing this post. However, I must admit, it was well written and it was thorough. It began by...

What qualities do I look for when hiring an attorney?

Choosing an attorney is not a simple process. Do your best to make a good decision at the outset of your case and you will win in the long run with a respected advocate on your side and confidence in every decision that you make along the way. Generally speaking, you...

Missing Mollie – Trial Update

UPDATE According to the Des Moines Register, a trial date has been set for the man accused of abducting and killing Mollie Tibbetts. The trial date is set for April 16th, 2019. He is accused of kidnapping and killing Mollie while she was out for a run. Updates can...

Family Vacation After the Divorce

The reality of a divorce or separation often hits families the hardest over holidays and vacation time. Family vacations may have been where many memories were created over the years. Now, after a breakup of the family, it's an emotional time since nobody is quite...

Is Sexting Cheating?

Some say it's harmless; just flirting and having fun. Others say it's much more than that - it's a form of cheating whether there is physical contact or not. While the term "sexting" is certainly not new, it has been in the media more in recent weeks, both with the...

For my Massachusetts Divorce, do I need my marriage certificate?

In Massachusetts, when you file a Complaint for Divorce, you must also file a certified copy of your marriage certificate. You may want to keep your copy or you may not have it. So, how do you get one? This is an easy issue to resolve. Contact the city hall in the...

Termination of Parental Rights

Separation and divorce are never easy times for a couple in distress. Couples may be disagreeing over money, their relationship and everything in between. I often receive calls asking about the "termination of parental rights". What I learn after listening to the...

Divorce Without Consent: Can I divorce without my spouse’s consent?

A very common question is whether you can get divorce without consent. Of course! The old adage that you need your spouse to “give you a divorce” is no longer. You can proceed with a divorce even if the other party does not want to divorce. You don’t need a spouse’s...

2017 Child Support Guidelines – Overview

As most of you know, the new version of the child support guidelines has now been released and were effective beginning September 15, 2017. Every four years, a task force reviews input and issue regarding the guidelines, making changes to accommodate problematic,...

Custody: Can My Child Decide?

Very often I am asked “when can my child decide choose where he lives?” or “at what age will the Court listen to my children’s input?” The short answer to this question is that there is no “magic age” to answer "can my child decided" which the court will let the child...

Supervised Visitation: The Brad and Angelina Case

Brad and Angelina I’m sure you’ve seen recently that Brad and Angelina have made strides in settling their parenting agreement. Angelina is maintaining primary custody of the children. Brad will have “therapeutic visits” with the kids. Basically, that amounts to...

Making an Appeal in Massachusetts

Update: In recent news, Avery's attorneys have submitted a number of appeals documents. Several of these have been denied, however it appears one or more of these are still winding their ways up through the Appeals Courts. Brandan Dassey, however, may have exhausted...

What are temporary orders in Massachusetts?

What are temporary orders in Massachusetts? When a divorce begins, rarely do the parties consider temporary orders in Massachusetts to be a necessity, however they ask the court for many things. When the divorce begins, the parties rarely sit in a position to agree...

The Importance of an Appeal

Aaron Hernandez, famed football player who was convicted of murder and later, committed suicide has, once again, been in the news. You may recall that before his death, his murder conviction was working its way through the stages of the Appeal's Court. Aaron...

Does Your Child Need Her Own Lawyer?

There are times during the separation of two parents that a child is completely thrown into the middle of the situation. Neither parent intends to do this to the child. In fact, often neither parent realizes that the child is in the middle of their war. The child...

Parenting During COVID-19

How do I handle parenting time during COVID-19 and a stay-at-home mandate? The world is abuzz amidst COVID-19 and daily life seems to have changed for most of us. In fact, it's continuing to change on a regular basis. This is a new situation - one that we have never...

Kid’s Corner: The “Do’s”

This is part two of my advice for dealing with your children in divorce. I’ve already made my disclaimer that I’m not a therapist by any means. I do have children of my own. I do help my clients deal with their children’s issues in the course of my representation...

Re-establishing Parenting Time

In August, I wrote about the Parent that Used to Be Absent. This is a follow up article to that post about re-establishing parenting time and what to realistically expect when trying to do so. Often I speak with a parent that hasn’t seen their child in a long period...

MA: Can I Hire a Lawyer During COVID-19

Q: Can I hire a lawyer during COVID-19 with the courts being closed? Can they still work on my family law related case? A: Even if the court is closed, having an attorney assist you is so important. Most importantly, you should not go through this alone. Having an...

Should I Use Software Law Rather than an Attorney?

When I was in law school, my brother gave me a box of software used for estate planning as a gift. He thought that since I was in my first year of law school, it would be a great way to analyze the documents that are used, learn about the process, etc. Though a very...

What Does Child Support Cover? Part I

Paying child support is a double-edged sword. Parents are court ordered to pay but have little, or no, say-so on how it is spent day to day. There are some court mandated requirements governing child support and because I receive many inquires about it, this is part...

Who wants a Life Estate?

I am sure that you’ve all heard the recent news that Hugh Hefner put the Playboy Mansion up for sale. For a mere $200 mill, you can purchase the mansion and call it your own – with one catch! Hugh will live out the remainder of his life at the mansion before you can...

Can an Attorney Represent Both Parties in a Divorce

I receive calls frequently from potential clients who are seeking an attorney to counsel the parties, together, for a divorce. This happens for a variety of reasons. You want to save money. You feel as if you are in agreement on many of the issues. You want the...

A Child’s Right to Decide: New Hampshire

New Hampshire: When can my children decide in whose home they want to live? Okay, New Hampshire readers – I promised you would hear my thoughts on a child's right to decide shortly, so here it is. The law in New Hampshire is different than that in Massachusetts. Read...

NH: Can I Hire an Attorney During COVID-19

For my New Hampshire clients, here’s the update: Currently, the Courts are closed. You may not go to the court, but the Family Division is conducting some of the court's business behind closed doors. Here’s what to expect: In an emergency situation, you will...

Should You Date Before Your Divorce Is Final?

You filed a Complaint for Divorce and are ready to move on with your life. Should you date before your divorce is final? Can dating someone hurt you while you are going through the divorce process? Could dating hurt you at all? Although it is always best to wait...

Custody Case Takes a Turn – The Brad Pitt Saga

If you’re not living under a rock, and if you are a loyal reader here on my site, I am sure you’ve heard about the custody battle between Brad Pitt and Angelina Jolie. Some months ago, Angelina claimed that Brad abused their child and sought full custody of all six...

What Happens to the Family Home in a Divorce?

A large concern during divorce consultation is the marital home. What will happen? Can I stay? Will I be forced out? Can I afford it? How will the Court decide to which party the home is awarded? The answers to these questions will often determine the outcome of other...

Why Do I Need a Trust?

Welcome back to my series on estate planning. I hope that our articles have been helpful and informative. If anything else, I want to spark thought on this topic and help you begin deciding what you’d like to see happen when you are gone. Okay, let’s get to Trusts! I...

Can I be arrested for a warrant in Massachusetts if I go to the local DMV in Massachusetts?

Q: Can I be arrested for a misdemeanor warrant in Massachusetts if I go to the local DMV in Massachusetts? If there is a warrant, you can be arrested at any time. They don't specifically have people standing by to take you into custody at the DMV, but certainly, law...

Protecting Your Children From Sexual Predators – Part II

In our last post, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage. In the second article of this three part series, we will discuss protecting your children from...

Am I the right attorney for you?

Schedule a free phone consultation today to discuss your case and decide if I am the person you want on your side.

Contact me now at: 978.225.0661 or 603.373.0545. You may also email directly at: [email protected] in confidence.

©2021 The Law Office of Christine G. DeBernardis. Any information contained on this website is for general information purposes only. It is not legal advice, nor is it intended to be. A retained attorney is best able to give you advice on your individual situation. Please be aware that contacting us does not create an attorney-client relationship. Until an attorney client relationship is established, please withhold sending confidential information to us.

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Appeals

An appeal is a request for relief from a decision of a lower court. It’s basically asking the Court to overturn a lower court’s ruling, order or finding based upon the fact that the lower court’s decision was in error. Christine is an experienced lawyer; both at trial and appeals. She can help if you’ve been convicted at trial. You have the right to appeal — contact us today for a free consultation of your case.

Criminal Law

When you are in a difficult situation that requires the assistance of a knowledgeable, caring representative, turn to the Law Offices of Christine G. DeBernardis. Christine has the experience to help you get the best results. The outcome of a criminal matter will affect your future. Make sure that your interest is protected and that you have an experienced advocate on your side. You can contact Christine G. DeBernardis in her Massachusetts office at (978-225-0661).

Divorce

Divorce and separation are tough on a family. Everyone want to provide advice and it's hard to know who to trust. You need an advocate that is fair, experienced and compassionate. Christine has nearly 20 years experience working with families both in New Hampshire and Massachusetts. Contact us here to schedule a free phone consultation.

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