- DivorceMy husband and I are getting divorced after an 8 year marriage. We’ve agreed to try to keep a sense of normalcy for our 3 young children, so they will live most of the time with me in our home in Sherborn but we haven’t yet come to an agreement about when they will stay with their dad and both sets of grandparents want to see the kids too. Is this something that can get written into the divorce agreement?
- Child SupportAt the time of your divorce, you likely address issues regarding child support, custody, health insurance, college education costs, and division of property. However, not all agreements and judgments contemplate the future, or others go through changes that warrant alterations to an original agreement or judgment. This is why some people need to return to court to modify prior agreements or judgments. It is important to learn how these modifications work.
- Child Custody and VisitationYes, although it isn’t typical to provide for grandparent visitation in a Separation Agreement, if you can agree on it then you can include it. Visitation scheduled can be as detailed and specific as necessary.Â
- Adoption
- PaternityMr. Mayer’s practice focuses on the representation of parties in divorce including the trial of cases involving asset division, alimony, child support, custody and removal matters. He also handles matters involving same sex marriages, paternity cases and issues arising out of cohabitation and appeals.
- Premarital AgreementSome marriages may last for decades, others just a few years. No matter how long a marriage lasts, divorce can have a profound effect on a business, unless the business owner took steps ahead of time to minimize the impact of divorce. One of the best ways to minimize the impact is with a prenuptial agreement. In the event of divorce, a prenuptial agreement can prove invaluable in protecting a business and its assets. Massachusetts considers a variety of factors when deciding how to divide a marital estate, and a prenuptial agreement can help protect a business that would not
- Spousal SupportThe Separation Agreement dictates what provisions may be modified in the future. These provisions are known as merging. The most common provisions of an agreement that merge are child related issues, health insurance, and possibly alimony. Provisions that do not merge are called surviving provisions. Surviving provisions are not modifiable, even due to a change in circumstances. The most common surviving provision in an Agreement is the property division.
- Legal SeparationAdditional Information: I left my husband a couple of years ago and moved out of state (I’m in IL now but we were married in MA). When I moved, we just wanted time apart. It wasn’t a legal separation, just a verbal. We haven’t talked in a long time and I’m not on his health care or anything or vice versa, but I wondered if leaving the marriage constituted abandonment or something like that. ATTORNEY ANSWER: MA is a “no fault†divorce state, so the grounds for divorce are “irretrievable breakdown†. If your husband still resides in MA and you
- AnnulmentAdditional Information: I was just married in Milford, MA and now realize it was a mistake. What are requirements for getting an annulment in Massachusetts? ATTORNEY ANSWER: An action to anul a marriage can be brought in the probate court if the validity of a marriage is doubted. The statutory grounds include incest and bigamy, and do not include mistake, although you could obtain an annulment for fraud, impotency, duress or for other reasons. If the marriage is valid, then the remedy is to obtain a divorce.
- Business DisputesBusiness Law: Our business lawyers serve a varied range of clients from entrepreneur’s just starting a business to well established companies. Our lawyers provide efficient legal solutions whether you are incorporating a business, refinancing a business, have issues relating to the expansion, contraction, or relocation, merger, sale or acquisition of a business. We have years of experience in Massachusetts business law.
- Business TransactionsSMOKE AND CARBON MONOXIDE DETECTOR COMPLIANCE: We call your attention to the provisions of Massachusetts General Laws, Chapter 148, you may be required to execute a certification at the closing that you have inspected the installation of the smoke and carbon monoxide detectors and are satisfied as to compliance with this law. You should contact the sellers and ensure that they have obtained, and will bring with them, a current certification from the city or town fire department relative to the installation of smoke and carbon monoxide detectors. The foregoing may not apply in certain commercial transactions. If you are unsure of the applicability of this law, please check with your counsel or contact our office.
- Limited Liability Companies
- Small Business Law
- Real Estate LitigationReal Estate Law: Our real estate lawyers are experienced in all aspects of Massachusetts real estate law and can handle matters ranging from the most simple to the highly complex. The firm represents builders, developers, small businesses, and individuals in all aspects of real estate law including local zoning issues.
- Real Estate TransactionsFOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 AS AMENDED: This Federal Law places special requirements for tax reporting and withholding on the parties to a real estate transaction under certain circumstances as set forth in the law. You should seek the advice of your attorney or accountant concerning the effect of this Act on this transaction. You will be required to execute a copy of the enclosed certification under penalty of perjury at the closing. If you do not plan on attending the closing, please be sure that your attorney or agent delivers the fully completed and executed copy of the affidavit along with the deed. The closing attorney for the firm cannot and will not provide information, advice or opinions regarding the Act’s applicability to you or to this transaction.
- Easement
- Land Use and ZoningAttorney Antonellis is a former member of REBA’s Zoning and Land Use Committee and a former director of the Worcester County Bar Association.
- Estate PlanningTHE FOLLOWING INFORMATION IS INTENDED ONLY TO GIVE A BRIEF DESCRIPTION OF THE THREE COMMON WAYS OF HOLDING TITLE AND IS NOT PROVIDED FOR THE PURPOSE OF ADVISING YOU HOW TO TAKE TITLE. IF FURTHER INFORMATION IS DESIRED ABOUT CREDITORS’ RIGHTS AGAINST THE TITLE, ADVANTAGES AND DISADVANTAGES WITH RESPECT TO ESTATE PLANNING AND OTHER PRACTICALITIES, YOU SHOULD SEEK LEGAL COUNSEL FROM YOUR ATTORNEY OR RETAIN AN ATTORNEY FOR ADVICE IN THESE MATTERS. In order to properly prepare the mortgage documents we require information from you as to how you intend to take title to the real estate. The three most
- Power of AttorneyPOWER OF ATTORNEY: If there is a power of attorney involved, please send our office a copy of the Power of Attorney document prior to the closing. The use of the power of attorney will have to be approved by our client and then the form and content thereof must be reviewed by our office. In any event, the deed transferring title from you to the buyer must be signed by you in the original and notarized.
- ProbateMr. Mayer is a member of the Massachusetts Probate and Family Law Inn of Court, an association of family lawyers and Probate Judges who meet regularly to discuss issues of divorce and probate law. He is a former member of the Holliston Board of Selectmen and Holliston School Committee. He is a current member of the Massachusetts Judicial Nomination Commission.
- Bankruptcy
- ForeclosureEven though the buyer may be asked to pay for the lender’s title insurance protection, the lender’s policy of title insurance does not protect the buyer and a claim can only be made if the lender suffers a financial loss because of a title defect that adversely affects a foreclosure of the buyer’s mortgage. There have been many defects in titles which could not be revealed by an examination of the public records. These defects usually arise at a time after the transaction has taken place and purchasers can suffer significant losses as a result of them. That is why owner’s title insurance makes a great deal of sense. [ top ]
- Tax LawTitle Abstract – Includes the physical review of the title to your property in the Registry of Deeds and Probate, including bankruptcy and tax matters where available.