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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.
Areas of Practice
Nearly 20 Years of Professional Experience
The Law Offices of Christine G. DeBernardis have been helping families through difficult times for nearly 20 years, assisting clients with the different aspects of both New Hampshire and Massachusett’s family law.
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Specializing in Family Law
Christine focuses on issues related to family law. Uniquely experienced as both a trial and appellate attorney enables her to provide legal advice and representation for divorces, separation, annulments, child support and custody, adoption, grandparents’ rights and more.
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Providing Civil and Criminal Expertise
Christine has been a trial attorney for both civil and criminal cases in Massachusetts for 20 years. She is also a seasoned appellate lawyer in both New Hampshire and Massachusetts for a variety of civil and criminal cases.
Should I contact an Attorney about Divorce?
If you’re having trouble in your marriage, you feel overwhelmed. You feel like it's going to get better, yet it never does. Your friends and family may be unaware of the true...
Can my wife take my inheritance in the divorce?
Very popular question! I often get this question - can my wife take my inheritance in the divorce? or can my husband take my inheritance in the divorce? In my experience, most...
Parental Alienation – Things to Watch
Over the recent month I have written about parental alienation in a couple of articles. It is one of those painful situations for both the parents and the children and it's...
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...
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...
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...
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...
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...
The Safe Driving Law in Massachusetts
There is a lot of press recently about texting while driving all over our country but particularly in the Commonwealth of Massachusetts. Many states have banned texting while...
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 –...
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,...
Prenuptial Agreements: Why Would I Want That?
It's hard to think that a divorce might happen when you are in the midst of planning your marriage and happily dreaming about the rest of your life, isn’t it? How do you plan a...
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...
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...
Substance Abuse and Parenting
A parent or other caregiver with an alcohol or drug addiction has a profound impact on their children. Substance abuse and parenting are more common than most people realize. ...
What is the role of a Guardian Ad Litem in Massachusetts?
I recently received a question on our website about how much input a GAL (Guardian Ad Litem) has with a judge during a divorce and custody case. That's a complex issue so rather...
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...
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...
Free Consultation: Is it Worth It?
We often read other articles and posts and we came across a series of discussions recently debating whether or not there was a benefit to contacting an attorney for a free...
Massachusetts: Joint Petition or Complaint for Divorce
In Massachusetts, there are two ways by which a party can file for a divorce. The first is commonly known as a “joint petition.” The second is commonly referred to as a...
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...
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. Musicians from all genres came out to pay respects with praise and...
What Constitutes Parental Abduction?
It's a sickening thought, wondering if your child may be abducted by your ex-spouse and taken without your consent, outside of the court's order, maybe even across state lines....
Children and Divorce: It’s Me or Her!
Moving on after a divorce by pursuing a new relationship can be difficult for the children of the previous marriage. While the parents may be ready, even eager, to move on and...
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...
Relocating with Children After Divorce
Clients often tell me that when their divorce is complete they are "done with marriage". The hurt has jaded them. The fight over custody, home, financial assets, and more has...
Using Social Media During Divorce
Social Media During Divorce You May Have a Right to Post But Should You? Our article today happens to many families going through separation, divorce and working through child...
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...
Can I Keep My Home
In the first part of this series, we discussed the marital home and what happens in a divorce to that home. Click here for our last article- What Happens to the Family Home in a...
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...
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...
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...
Kid’s Corner: The “Don’ts”
I’m not a therapist by any means, but I do have children of my own and I do help my clients deal with their children’s issues in the course of my representation during divorce or...
Domestic Abuse During a Pandemic
The year 2020 is now behind us but in many ways, we are still living through a full scale pandemic. COVID-19 hit this world and affected us in a large number of ways we did not...
Five Tips for Attending Court
Often I am asked "what do I wear?" or "is there anything that I need to know about going to Court?" Below are tips for attending Court that I find rather useful. 1. Dress...
How to Handle a Complex Divorce
Divorce is never fun. It's usually never easy. However, some divorces are very complex. A complex divorce can create stress, frustration, anxiety and even depression. ...
Cheating Spouse: How Do You Know?
Brad Pitt and Angelina Jolie have been all over the news lately about their divorce. There have been numerous reasons cited for the divorce. Everything from drug abuse to...
West Memphis 3 – Reopening of Original Murder Case
UPDATE April 2020: Oxygen Network aired its long awaited show about this case. It featured Bob Ruff's Truth & Justice working with famed former FBI profiler Jim Clemente and...
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,...
Why Do I Need an Estate Plan?
Recall in our first article on estate planning that we introduced you to some general information question about estate planning. Let’s start our series out now with a very...
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...
Protecting Your Children From Sexual Predators – Part III
In our last two related posts, 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...
Changing Attorneys Mid-Case
Changing Attorneys Mid-Case Often, folks just like you call me part way through a divorce, or even after a divorce is over, that say that are not satisfied with their attorney. ...
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...
Divorce After 50
Picture This: You married your high school sweetheart. You settled down and had a couple of kids early in life whom are now out of school and have families of their own. ...
How to Survive the Holidays During Divorce
The holidays are a time for family. It's supposed to be a time to look back and reflect on those wonderful memories together. When you are in the midst of a divorce, or you’ve...
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...
5 Appeals Cases To Follow and Why
Although there are a number of high profile wrongful conviction cases in the news, they are still a small percentage of all convictions. The news media would like to have us...
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...
COVID – The Impact on Families
COVID-19 (Coronavirus) and its variants are continuing to have significant impacts throughout the world. This pandemic came out of nowhere and has changed lives personally and...
When Children Take on Parenting: After Effects of Divorce
The son of recently divorced parents finds Mom crying in the kitchen. "What's wrong, Mom?" he asks. "Your Dad doesn't love me. He has a new girlfriend. How could he do that...
Massachusetts Contempt: Need to Know
Massachusetts Contempt: What is it? How do I address it? What are the remedies? I hear people use the word “contempt” all of the time, but there is a lot of confusion about...
Massachusetts: How does Separate Support Differ from Divorce?
In Massachusetts, I am often asked about the difference between Separate Support and Divorce. Actions for Separate Support and Divorce are two very distinct options that are...
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...
Massachusetts Complaint for Contempt – Serve that Summons!
Many times a case gets dismissed for failure to provide adequate notice to the other party that a complaint has been filed. This is because the the other party has a right to be...
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...
Keep Your Divorce A Private Matter
You have probably seen it in the news. Johnny Depp and his wife are divorcing. You may have even searched for details of the settlement. After all, he's bound to be worth...
Can you get a restraining order on behalf of your child?
As a parent it is our number one job to protect our children. In today's world, with all of the technology, there are more ways than ever for a child to be targeted. Children...
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...
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...
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...
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...
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...
Why Family Should Not Provide Your Legal Representation
It's a common situation. A person is in need of legal representation for one reason or another, and because of restricted funds, reaches out to a family member who is also an...
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...
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...
New Hampshire Law: Alimony
Alimony is always hot topic in matters of divorce. Not everyone understands on what basis it is determined and if awarded, how the amount and length of...
Massachusetts: The Alimony Reform Act
A recent hot topic in family law is alimony. I’m sure a lot of you have heard of the proposed legislation known as the Alimony Reform Act. This Act aims to define, clarify and...
How do keep my divorce moving forward?
This is a common question in my field and it’s one of the most difficult to answer, unfortunately. Divorces can take many paths. The outcome of each case...
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...
Is Your Child Being Abused?
A common worry for parents often centers around protecting their child from people who prey on children. Most children spend their days away from their parents in the care of...
Should You Represent Yourself in an Appeal
There are some cases where I tell my clients you can represent yourself. An appeal is not one of those cases. Appeals are not like other cases, whether they are criminal or...
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. ...
How to Complete a Financial Statement
One of the biggest concerns in family court is the creation of a financial statement (or in New Hampshire, a financial affidavit). I see clients stress day after day about 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...
What Happens If a Spouse Dies During Divorce
Over the past few days, we’ve seen a “celebrated” story that reminds me of a topic that arises every so often within my practice. Have you seen the stories about Lamar Odom...
Should my Ex’s New Girlfriend/Boyfriend visit with my child?
You’ve separated from your partner and he now has a new girlfriend. He sees nothing wrong with that girlfriend being present during visitation with your kids. You think that she...
Can I lose my inheritance to child support?
Can I lose my inheritance to child support? The question you are asking can also be stated as: Can the Court award child support based on the money I received in an inheritance?...
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...
Avoiding Legal Issues
In my previous article, “What Type of Attorney Should I Hire,” I wrote about the importance of speaking with an attorney early on in your case to maximize any potential outcome...
I missed my (criminal) court date! What do I do?
You’re going about your day and suddenly realize that you were supposed to be in court. Last week. You thought it was next week, but it was actually last week. Oh no! What do I...
CWOF – May I have another?
A while back I wrote an article telling you about a CWOF. What is it? How does it work? What does it entail? You can check that article out here: What is a CWOF. Recently I...
Who Gets Our Family Dog in the Divorce?
It's a common scenario. Boy meets girl and they fall in love. They buy a home or rent an apartment. Wanting to share their love, they adopt a dog. Over the next year or so,...
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...
Who is Using Your DNA?
Who is using your DNA? If you have watched any television recently, you may have noticed an increase in the DNA profile commercials. You know the ones – “I thought I was from...
What Type of Attorney Should I Hire?
This article is part of a series about why it's important to hire an attorney and the reasons behind hiring an attorney. The purpose of this series is to help you determine the...
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...
Can a Child Choose Their Parent After Divorce in Massachusetts
Massachusetts : When can my children decide in whose home they want to live? Often I am asked "can a child choose their parent after the divorce"?, so I thought this would be a...
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...
Am I Going To Jail for Shoplifting?
Many times I speak to a new client that is charged in a criminal case and their main concern is “am I going to jail?” That is a logical question when you commit a criminal...
What does Child Support Cover: Medical Bills
We are continuing the series about Child Support and the things it covers. This article will focus on expenses incurred that are outside the actual child support payment but...
The New Tax Bill & Alimony
It's a new year and we thought we would start it off with an article about something that's been all over the news for weeks - the new tax bill. Some love it. Some hate it. ...
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...
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...
Appeal after Self Representing
Can I appeal if I represented myself in the original case?
Topics You Should Discuss With Your Divorce Lawyer
Hiring a divorce lawyer is the first important step in a long list of your divorce. Once you retain a lawyer it is vitally important that you communicate openly and honestly with...
Massachusetts: The Annie Dookhan Drug Lab Scandal
Update: if you have not watched Netflix’s “How to Fix a Drug Scandal”, we recommend you do so. It discusses this case and the Sonja Farak case. If you feel you have been...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
Absent Parents: The Parent Who Used to be Absent
Absent parents is a topic that I see frequently in my practice. Here’s a perfect example: Mom was pregnant but dad wanted nothing to do with her, or the baby, during pregnancy...
Can You Get a Divorce Reversed?
Sometimes one or more parties to a divorce will be unhappy with the results of the divorce order and may wish to have the result reconsidered. For whatever reason the question...
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...
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...
After Divorce: Why is my Child So Angry?
Part of my practice in family law deals in working with parents after the divorce and the adjustment of the families after the "dust settles", so the speak. Often the parents...
I am going to file for divorce myself. I may hire a lawyer later. However, when do I have to move out of the home?
This is a tough question to answer without knowing more about your case. The status of the marital home varies from case to case and is different in New Hampshire than it is in...
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 –...
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...
Blanchette: Case on Appeal
Recently the New Hampshire Supreme Court overturned the conviction of Ernest Justin Blanchette, a former deputy sheriff charged with sexual assault of an inmate during transport...
What To Do (and Not Do) If Your Spouse Is Cheating
It’s a difficult prospect to think that your spouse may have strayed from your marriage. Most people find this shocking and upsetting, not knowing what to do (and what not to...
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...
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...
What is a CWOF? Continuance Without a Finding
People often ask me "What is a CWOF?" in Massachusetts? It's a funny term but it's really just an acronym. A CWOF is a “continuance without a finding.” This is a disposition...
Am I the right attorney for you? Schedule a phone free 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 me in confidence.
