Family Law

• Divorce
  Divorce When couples choose to divorce, emotions can quickly escalate. Estranged spouses may fear losing a significant amount of assets and even quality time with their children. Other divorces are settled without a fight to minimize the emotional and financial cost associated with separating ways. Whether a contested or uncontested divorce is the right option for you, secure help from an experienced attorney.
• Child Support
  Child support is the amount of money the court will order one parent to pay the other parent each month for the support of a child. Massachusetts has a formula for calculating child support called "guideline child support" which is calculated by using a computer program. The program bases its child support order on the income of both parties, costs of health insurance and daycare (if applicable), the number of children in the family, and other factors. Parties can always agree to a different amount of child support as long as the child's needs are met.
• Child Custody and Visitation
  Divorce is confusing and emotional. When children are involved the emotions are amplified. The process of custody & visitation can include mediation, evaluation, and litigation. Using 25 years of our expertise we guide our clients through this difficult process.
• Adoption
• Paternity
  At the Law Offices of Deirdre O'Brien, we represent both mothers and fathers in paternity actions. Our office prepares all necessary documentation and paperwork, including requesting a court-mandated paternity test to determine the father of a child. Once paternity is established, certain legal obligations are placed on the father in regard to support and maintenance. Additionally, children are eligible to receive different kinds of benefits and legal consideration such as the following...
• Premarital Agreement
  A prenuptial agreement is a contract that sets forth the parties rights and obligations in the event of divorce and/or the death of either party. As with all contracts, the law provides requirements for its enforceability, including, without limitation: it must be in writing; there must be full disclosure; and it must be executed without duress or overreaching. Due to these requirements and limitations, a party seeking to enforce or nullify a prenuptial agreement should consult with an attorney. Finally, to avoid potential pitfalls, parties wishing to enter into a prenuptial agreement should consult with their attorneys well in advance (several months) of their planned nuptials.
• Spousal Support
  Another important fact about taxes during or after a divorce is that spousal support may be able to claimed as a deduction by the paying spouse. It's best to consult with an attorney to find out how to deal with divorce taxation, so that you are aware of how the tax laws affect you.
• Legal Separation
  There is no actual "legal separation" in Massachusetts. However, you may decide you do not wish to end the marriage, but rather, live apart from your spouse for an indefinite period of time. In such an instance, you could seek the Court's assistance in establishing ground rules as to custody of your children, visitation, child support and spousal support by filing a Complaint for Separate Support, Custody and Visitation. This action would not resolve issues concerning division of your assets and liabilities, nor would it dissolve the marriage. Therefore, proceeding in this fashion is cautioned and should be discussed with your attorney.
• Child Abuse
  In both instances, the court will consider a number of factors including the wishes of parents, and if appropriate the wishes of the child. The court will examine the child's interaction with parents, siblings, and third parties who might affect the best interests of the child. Other considerations might include the child's adjustment to home and school, the mental and physical health of the parents, or which parent is most likely to foster a relationship between the child and the other parent. Domestic violence or child abuse convictions might be considered as well. All of these and many other factors will be examined to determine a custody arrangement that is in the best interests of the child.

Criminal Law

• Criminal Defense
  Most trusts do not help you avoid estate taxes in and of themselves. However, if you're worried about having a taxable estate, be sure to seek qualified legal advice (your nephew who just graduated from law school with a focus on criminal law doesn't count) since certain trusts can be used as part of a strategy to reduce and even eliminate estate tax liability.
• DUI/DWI
• Wrongful Death
  The resolution of claims related to fatal accidents can be complicated as well as stressful for a family grieving a loss. If you need advice about your rights under wrongful death law and procedure, contact the law offices of Deirdre O'Brien. She can direct you to the specific legal counsel appropriate to your case. Wrongful death claims resulting from such accidents as...
• Restraining Order
  Temporary restraining orders are typically filed along with the petition for divorce. The purpose of these restraining orders is to prohibit the other spouse form disposing of assets, accruing additional debts, taking off with the children, and from harassing the petitioner.

Business and Corporate Law

• Business Disputes

Property Law

• Real Estate Litigation
• Construction Litigation
  Real Estate Transactions Attorney Deirdre O'Brien can advise you on a full range of commercial and residential needs from purchases, leases and title issues to complex condemnation or construction litigation issues. She offers comprehensive commercial real estate services to meet the needs of commercial tenants, developers, businesses, investors, lenders, brokers and other professionals. Some of the legal issues she frequently handles for business and commercial clients include...
• Real Estate Transactions
  Real Estate Transactions: Deirdre handles the full spectrum of title issues, including closing services, escrow services, title searches, evidence of title/certificates of title, title commitments, issuing title insurance, obtaining clear title, title opinions, lien searches, Preliminary Judicial Reports (PJR) and other title issues.
• Eminent Domain
• Easement
• Land Use and Zoning
• Landlord-Tenant Disputes

Health Law

• Personal Injury
  There are various exceptions to the equal division rule. For example, in some cases education loans are assigned to the party that incurred the debt. Certain personal injury awards are not divided equally. Social security benefits may not be divided at all and are subject to federal law.
• Medical Malpractice
• Auto Accidents
• Social Security Disability

Trusts and Estates

• Estate Planning
  Deirdre not only helps clients prepare estate planning instruments of all kinds, she also integrates them so they will work together for your continuing benefit. She takes the time to explain how each component functions to help achieve an important part of your overall goals.
• Wills
  Wills and Trusts Some changes in life we see coming. Others arrive without any warning. That is why being prepared for the future—especially if you have dependents—is crucial. A will or trust is an excellent way to ensure that your loved ones are provided for and your estate is distributed according to your wishes.
• Trusts
  A properly created and funded living trust will allow you to avoid probate, provide disability planning and save money for your heirs. However, although most living trusts appear to be better than Wills, they are about the same as Wills if not "fully funded" because they do not avoid probate. Funding the trust means retitling of the assets and transferring them into the trust. In addition, most living trusts are sterile legal forms that do not contain instructions for loved ones. They only accomplish limited objectives.
• Power of Attorney
  Establishing durable powers of attorney and advance health care directives while you are in good mental and physical health will allow you to avoid the prospects of a court-supervised and expensive conservatorship.
• Probate

Finance Law

• Bankruptcy
• Foreclosure
• Tax Law
  Divorce & TaxesEstate Planning Services When getting a divorce, filing taxes may be the furthest thing from your mind. However, many tax issues arise when spouses or parents separate or divorce, which has the potential further complicate the already stressful dissolution of marriage process. When structuring a marital settlement agreement, Deirdre O'Brien is aware of divorce & taxes issues so that one or both parties will not get stuck with substantial taxes and related penalties.