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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.

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...

Can my spouse take my inheritance when we divorce?

Can my spouse take my inheritance when we divorce? Often my clients arrive concerned for their divorce consultations and are very worried about their spouse taking an inheritance...

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...

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...

Arsdale Appeals and Alimony

Recently two new cases came down from our SJC that you should be aware of, both relating to alimony. The first, SUSAN VAN ARSDALE vs. WILLIAM VAN ARSDALE, focused on the...

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...

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...

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...

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...

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...

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...

Massachusetts: Parent Education Program Attendance

All parties to a divorce action in which there are minor children, are ordered to attend and participate in an approved Massachusetts Parent Education Program. This requirement...

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...

Save Money During Divorce

How to Save Money During Divorce Gather/organize/prepare. During the process, there will be requests for information and documents. When you receive these, take the time to...

Parental Alienation: the Aftermath

In a previous article, I wrote about  parental alienation.  It is one of the most vicious things a parent can do to another parent because it can  destroy the relationship...

Update! Still Missing – Maura Murray

Update: As we continue to follow the disappearance of Maura Murray, who vanished in 2004 from New Hampshire, we see that a couple of interesting things have surfaced. First, the...

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...

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...

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...

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...

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...

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....

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...

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...

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...

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...

Parental Alienation: Divorce and Custody Series

Divorce can have a variety of effects for both parents and children. Children often feel misplaced and at fault so it’s the parents’ responsibility to assure the child that the...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Legal Meaning of the Cosby Mistrial

I’m sure you’ve all heard by now that Bill Cosby’s trial resulted in a mistrial on Saturday.   The jury came back to the judge, for the second time, on Saturday and informed him...

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...

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...

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...

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...

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...

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...

​ 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...

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 –...

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...

Visitation Part 2: Pick up, Drop off and Last Minute Schedule Changes

It’s very rare that parties to a divorce, or parents who are no longer in a relationship, get along very well. After all, if you did, you’d likely still be together, right? It is...

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. ...

Can I get an Annulment, please?

What is an Annulment? In Massachusetts, an annulment is a statement by the Court that you were never legally married. Unlike divorce, which acknowledges that you were married and...

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...

New Hampshire: Child Impact Seminar – Updated Link

In New Hampshire, all parties to a divorce, or any case that surrounds parental rights, activities and/or responsibilities, must attend the Child Impact Program. This program is...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Divorce and Drama…oh the Drama!

We laugh about it when we see it on TV.  We shake our heads in disbelief when our friends tell us about it in their lives.  But suddenly, you find yourself in the midst of a...

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...

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...

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...

Visitation: Part 1: What happens if a parent never shows up for visitation?

     While you hate to give up time with your child, you know that the visitation with his other parent is good for their relationship, can be a very positive thing and (let’s...

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...

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...

Can I sign away my rights to my child?

I am asked the question, "can I sign away my rights to my child" rather often, whether it be asked by the father or the mother of a child. Here’s an example of what I see in my...

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...

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....

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...

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...

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...

Annulment: Legal vs Religious

Annulment:  Legal versus Religious – an important distinction In the past  I wrote an article about annulment in each state:  Massachusetts and New Hampshire.  As I wrapped up...

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...

Massachusetts: The Annie Dookhan Drug Lab Scandal

    By now I am sure that a lot of you have heard of this case. A Massachusetts drug lab chemist was found to have falsified drug certificates by neglecting to test samples that...

Can I sign over or terminate my parental rights?

Often I have people call me to discuss “signing over their parental rights” in hopes that this will either 1) end the drama that happens when they visit with their child or 2)...

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...

Why do I need a Will?

Why do I need a Will? Welcome back to my series on estate planning. In case you are just joining me, I want to let you know that we are mid-series in a string of articles about...

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...

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...

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...

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...

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...

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...

Can I have an attorney for mediation?

    Often I have people consult my office that either want to or have agreed to attend mediation (through a court process or otherwise). They tell me that they can “work it all...

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...

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...

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...

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...

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,...

New Hampshire: The First Appearance

    You’ve filed for divorce and you’ve received a notice that you must attend something called a First Appearance. So, what is this?     If you are a party to a divorce action,...

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...

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...

Do I have to pay child support without a court order?

Do I have to pay child support without a court order?  This is a question that I see often in my practice. The answer is two-fold: there’s the legal advice and the practical...

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...

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...

Estate Planning in Detail

Since estate planning is on my mind this week, I decided to feature a series of blogs that will give information about the many areas of estate planning in detail.  With these...

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...

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...

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 is truly dependant...

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...

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...

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,...

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...

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...

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...

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...

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...

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. ...

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...

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...

Marital Property: What is it?

Far too often I meet with a client for consultation who is concerned that a certain asset is not a marital asset because it is not “in [their] name.” A client may say “well, we...

Myths of Divorce

If you are considering divorce or even in the middle of one, it's critical that you are receiving good advice.  Advice from family and friends may seem helpful but can lead you...

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...

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.