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Worcester Family Law Blog

A look at prenuptial agreements in Massachusetts

If you're an avid follower of our blog, then you've likely read a number of our posts regarding marital agreements. As you've probably gathered, these legal documents can be incredibly useful, especially during the property division step of a divorce.

For those interested in drafting and signing a prenuptial or postnuptial agreement, you may quickly realize that our state's laws can be rather tricky to navigate. If you're like a lot of our readers and don't want to risk violating the law, then you'll want to read today's post because we are going to look at prenuptial agreements and what laws apply to these legal documents.

Adoption isn't always about the legalese but the emotions as well

There are a lot of people here in Massachusetts who are not as familiar with the area of family law as our Worcester readers are. That's because they, unlike our readers, are not frequent visitors to our blog and are not exposed to all of the issues associated with family law. This generally means that their idea of what a family law issue is might be confined to just divorce or child custody.

But as our more regular visitors know, family law can be so much more than that. Take for example adoption. Governed by our state's general laws in Chapter 210, adoptions can present some rather unique legal situations. As you can imagine, international adoptions are among the most complicated because laws in other countries can be substantially different than here in the States. But even domestic adoptions can be complicated, especially when the laws in one state do not necessarily match the laws of another state.

Does federal law apply to residential home purchases?

Does a residential buyer have more protections than a commercial buyer? There’s at least one difference: a federal law called the Truth in Lending Act.

The TILA imposes certain disclosure requirements on lenders in a residential mortgage transactions. The consequences for failing to comply with those TILA-mandated disclosures are steep. If a breach occurred, a borrower may be able to rescind the borrowing agreement up to three years after the mortgage date or until the secured property is sold, if that comes first. 

Starting new business? Meet your attorney early in the process

If you are starting a business, in addition to meeting with bankers, financiers and other business owners, you should find and begin a relationship with an attorney. During the start up process, you may have noticed that there are legal implications to virtually every decision you make.

What legal form will your business have? A sole proprietorship, a partnership, a corporation or a limited liability company? Depending on your business, they may all have advantages and disadvantages. An attorney can help you navigate to find the best fit for your business.

Judge utilizes social media to serve divorce papers

A lot of people consider divorce to be one of the most challenging things they will ever encounter in their lifetime. What starts as the difficult decision to dissolve the marriage quickly moves into the next challenge: serving your spouse divorce papers. Here in Massachusetts, this must be done within 90 days of filing a complaint. The court summons is then delivered to your spouse via a sheriff or constable.

But as a recent news story illustrates, sometimes serving divorce papers isn't this easy. Some of our Worcester readers may have already heard about the case out of New York which seems to have grabbed national attention for the unique way in which divorce papers are being served. That's because a judge is allowing a woman to serve the papers via Facebook and for good reason: she doesn't know where her husband is.

Student housing project approved in Worcester

The Worcester City Council approved tax-relief for a $32.7 million housing project for college students. A large part of the agreement with the developer was over handling of exempted real estate taxes and receipt of various state tax credits.

Rather than being provided an 80 percent real estate tax exemption over a 10-year period, the developer agreed to a 70 percent tax exemption over the 10-year period. Also, if the developer receives more in state historic tax credits than anticipated, the city will have returned to them 75 percent of the excess amount.

Do real estate laws apply to remodeling projects?

What happens when an ostensibly simple construction, remodeling or rehabilitation project goes awry? You may need a real estate attorney to help protect your interests.

Consider the myriad of real estate laws that can apply to such projects. Construction law regulates independent contractors and can apply to matters such as project site inspection, documentation prepared for the project and even how the dispute is resolved. 

Small businesses must be aware of their requirements under the ACA

As a small business owner, you want to do everything in your power to ensure your continued success. While much of this success will depend on the decisions made during your formation and the business strategies adopted going forward, it will also depend on your ability to ensure compliance with all applicable regulations -- local, state and federal.

For instance, small business owners need to be aware of the new requirements mandated by the Affordable Care Act, the landmark health care law signed into law by President Barack Obama back in March 2010.

Understanding guardianships in Massachusetts

Have you ever wondered what happens to a person's estate, belongings and financial obligations in the event that they become incapacitated? If you're like a lot of Americans, the thought has probably crossed your mind at least once in your life because of a personal experience or because of someone else's story. But do you know the solution to this very real problem or are you like some of our Massachusetts readers and are curious to find out?

Because most people have a very limited understanding of the law, a question like the one above can be difficult to answer, which can lead to frustration and confusion about what to do next. In today's post though we’d like to show our readers that all is not lost if a loved one becomes incapacitated. Some protection for the person can be provided with the help of a guardianship.

Property division and artwork during a divorce

Every divorce and property division matter is dependent upon the circumstances of the case. The sorts of assets divided take on a different significance in one marriage as opposed to another.

Marital property acquired during the course of a marriage requires division in the event of a divorce. This means more than just the house or retirement and bank accounts. It includes cars, furniture and even artwork – including artwork created by a spouse who also happens to be an artist. Also, both current and future revenues from the artwork require consideration during the property division process. This includes revenues from licensing of the artwork as well as through copyright ownership.

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