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Hire Her Again Without a Doubt!

I highly recommend Christine DeBernardis. Christine has been my attorney on and off for the past three years. I have had very difficult situations with my ex-husband and ongoing custody disputes. She is honest, fair, and upfront in all situations. She is great about returning phone calls, answering emails/questions. Christine knows what to expect, is always thinking ahead and is well prepared for any situation. I would hire her again without a doubt!

 

 

Changing Your Name After Divorce

Many things change when you get married.  One of those is often the changing of your last name.  If you changed your last name to your husband’s last name upon marriage, you now have a decision of whether to return to your maiden name or continue using your married...

When to seek counseling for your child?

Divorce and separation issues are very hard on children.  Whether parents are starting the divorce, discussing the break up or have already gone their individual ways, children are often assumed to be in the dark about the whole situation.  Nothing could be further...

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...

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...

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...

Divorce: Moving on When Others Won’t

Divorce is rough.  It's an emotional roller coaster for everyone involved.  Just getting to the point where a couple decides that divorce is the only solution left is often devastating.  After the dust settles, and the divorce is completely finalized, both parties are...

Letting Go After Your Divorce

Divorce can be devastating even when both parties agree. Letting go after your divorce is difficult at best.  It's an emotional roller coaster, particularly when children are involved.  Sometimes, one party has been the "fixer" in the relationship; the one who has...

Estate Planning: Planning Ahead

Nobody wants to think about their death. It's unpleasant no matter how you look at it.  However, planning ahead is more than simply dividing up your worldly assets.  It can ensure that your children are cared for by the person that you prefer. Planning ahead can...

Creating an Irrevocable Trust Can Save Your Loved Ones

The words "irrevocable trust" often seem intimidating to many of my clients.  However, when used properly, this can be an effective estate planning tool.   If designed properly, it can prevent an estate from staying tied up in probate for years.  It can help families...

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 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...

Child Support and Attribution of Income

I hear this statement a lot (more out of frustration than anything else):  “You can’t get blood from a stone. I will just quit my job and she won’t get any support!”   It sounds like the perfect move in theory.   Too bad that it is not true!  Child support and...

Massachusetts OUI Laws

People often ask me what can happen in the event they (or a family member or friend) are pulled over and suspected of operating a vehicle under the influence of alcohol.  Here is some information from the Massachusetts website to help explain the Massachusetts OUI...

What Does Full Disclosure Mean for My Divorce?

Each litigant involved in a paternity or divorce action is required to complete and submit a form to the Court, and the opposing party, must provide “full disclosure" of your financial information.  In Massachusetts it is known as a financial statement.  In New...

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...

Should You Ask For a Lawyer?

Asking for an attorney, whether you have committed a crime or not, is not only smart - it's YOUR right.  In spite of news media or the way TV portrays our legal justice system, the right to counsel is one of the most fundamental parts of our justice system.  Every...

Questions You Should Ask Your Divorce Attorney

When seeking a divorce attorney, there are a million questions running through your mind.  It’s wise to make a list of the topics you wish to address so that you can make the most of your time together.  Here are some questions you should be sure make that list: 1. ...

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...

You Want Me to Communicate with Her? You Don’t Know My Wife!

Sound familiar?  I hear this comment on a regular basis.  It seems counter intuitive to ask that a couple going through a divorce, sometimes a contested and harsh divorce, do the unthinkable - talk to one another.  But that's exactly what I ask of my clients.  You...

Protecting Your Children From Sexual Predators

Protecting Your Children From Sexual Predators Over the past few years, we have seen horrible stories pertaining to children who were abused by either those they trusted or others, whom they felt they could trust.  In recent months, the singer R. Kelly has once again...

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...

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...

Modification: The In’s and Out’s

As life changes, you may find yourself in a situation where your current order (or judgment) no longer applies to your circumstances or seems fair, given your life changes. If you find yourself in this situation, speak with an attorney to determine if you would...

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...

Can I stop paying my child support without going to Court?

Often things happen that makes a parent think that they are no longer required to pay child support. A daughter joins the military. A son drops out of college. A child graduates high school and is going to college part time and working part time but still living with...

Parenting Your Special Needs Child

Penny and Zach had a stormy relationship from day one.  They argued over food, traveling and holidays.  After they were married, they could not agree on anything except their child's name.    When Baby Levi was 3 and still behind developmentally, Penny sought out...

Paying Child Support Without a Court Order

Paying child support without a court order Paying child support without a court order is a question that comes up very often in my practice.  This can apply anytime there is a child between two people, whether the couple is married, or unmarried.  Here is a common...

Physical Custody

Series Part II - Physical custody/Residential responsibility Often people come to me and want “sole custody” of their child.  I wrote last week about sole legal custody (MA) and decision making (NH).  This article will continue that series discussing  physical custody...

Shared Physical Custody: A Growing Trend

Years ago, when a couple parted ways, it was simply assumed that the children would live with their mother and have visitation with their father. Typically, the father's visitation with his children was for two weekends per month and if feasible for him, a "dinner...

Grandparent’s Rights in Massachusetts

The issue of visitation rights for grandparent’s rights is governed by Massachusetts G.L. c. 119, s. 39D. Grandparents may seek visitation, “grandparent’s rights,” through the Court with their “unmarried minor” grandchildren if: (1) the parents are divorced, married...

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...

Communicating on Social Media During Divorce

If you have read the news recently, you probably noticed that social media has come under fire for a couple of things.  First, social media outlets have been accused of creating fake news.  Second,  Facebook has been accused of allowing hackers to integrate its system...

Should Siblings Be Separated by Divorce

When a couple divorces, it is difficult on the entire family.  Often it can be most difficult for the children of the marriage.  Depending on the age of the children, someone has to decide where they will live.  Typically, couples split and the children stay together...

My best divorce advice: Don’t listen to your family & friends!

Sounds silly, right? It’s the best divorce advice that any attorney can give is don't listen to your family & friends. Your family and friends always want what’s best for you. They are there to love and support you. You look to them for help and guidance. When you...

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...

Divorce and Social Media: Don’t

Whether you are simply contemplating the idea of divorce or in the middle of a full-on legal battle, your best bet with your social media accounts is to disconnect them.  Turn them off.  Shut them down.  Stop posting.  Make it impossible for people to post to your...

How do you defeat a prenuptial agreement? (The Bobby Flay Story)

How do you defeat a prenuptial agreement? I’m sure that you’ve seen the latest celebrity news scandal about Bobby Flay and his wife, Stephanie March: Bobby allegedly cheated on her with various women and has now filed for divorce (just after being thrown out of the...

Massachusetts Divorce: “What’s this going to cost me?”

   Whether you’re the husband or the wife, the bread winner or the stay-at-home parent, cost is typically a factor in consideration of a divorce. At some point during every consultation, a person turns to me and says “So, what’s this going to cost me?” My response is...

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...

Convicted of OUI May Get New Trial

If you follow our blogs or the local news, you may have read about an issue involving the breathalyzers used in Massachusetts for the detection of alcohol. The Draeger Alcotest 9510 is being challenged by defense attorneys, alleging that the results may be inaccurate...

Estate Planning After Divorce

Estate Planning After Divorce After a divorce, the last thing that anyone wants to think about is seeing an attorney, legal matters, planning the future, that sort of thing. The sad truth is that this is probably the most important time to get your estate plan revised...

Filing a Protective Order: Preparing to Leave

Filing a protective order is an extremely difficult decision.  It takes a toll physically and emotionally on a person.  After the filing, many decisions still have yet to be finalized.  This article is not intended to override your existing plans regarding self help;...

If I signed my parental rights away can I get them back?

I often get questions from overwhelmed parents who feel that, for one reason or another, it would be in the best interest of everyone concerned, if they just give up their parental rights (see my other article for more details on this complex subject).  However, many...

Legal Lessons From a Mistress

The following is from someone who asked to share her story so others could learn from her Legal Lessons From a Mistress. Several years ago I went through a nasty divorce after 17 years of marriage.  At the end of it, I vowed never to allow myself to fall for another...

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...

My husband filed for divorce and tells me I have to leave. Do I?

Question:  My husband filed for divorce. He had me served with the papers at my office. I did not know this was coming and he tells me I have to be the one to leave our home – with our children! He says this is his home. NH: Do not leave your home. You don’t have to...

Do I Need a Holiday Schedule?

Question: Do I need a holiday schedule in my parenting plan/divorce agreement? I see this question a lot in my practice, particularly where the parties seem to be working together and getting along well during the time that they are drafting an agreement.  We can work...

I Want to Fire My Lawyer!

If you have every said "I want to fire my lawyer, you are not alone".  Many times during a case it can seem confusing or overwhelming.  If you are frustrated or dissatisfied with your attorney, are not happy with the speed, outcome or method of the case, or are at the...

Expectations after Divorce

           In a relationship, we have certain expectations of our spouse, our partner and perhaps the other parent to our children. Often, the other party will try to do what you’d like. But what happens when the relationship is no longer? Is it realistic to have the...

Post Divorce Parenting: Helping Your Child Succeed

Life for a child of divorce can feel like a war zone. They often feel torn between two people who have completely different opinions and different life styles. The rules can vary from household to household which leaves the child with a sense of confusion and anger....

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The Queen Had Soul But No Will

Aretha Franklin, the Queen of Soul, was recently laid to rest.  Her service was like no other in our history. ...

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