Depending upon what crime you have been charged with, you will have many options. Our experienced criminal law attorneys can work with you to insure that as little damage is done to your record as possible. When a police stop and search is an issue, it is imperative to explore whether all proper procedures were followed to insure that your Constitutional rights were not violated.

At Davis Law Group, our attorneys will research and investigate every aspect of the crime charged and the possible outcomes, thereby providing you with competent and effective legal assistance. If, after our investigation and consultation with you, it is determined that proceeding to trial is your best option, our attorneys will use their strong trial tactics and strategies to provide you with the best defense possible.

We recognize that being charged with a crime can be a very frightening experience. The uncertainty of one’s future is never something to be taken lightly. At Davis Law Group, we strive to provide your case the individualized attention that it requires, while at the same time providing a prompt, responsive and cost-effective defense.

At Davis Law Group, we are aware that college costs are a troublesome issue, and the answer is far from clear. You may both agree to share the costs in some equitable way depending on your respective financial circumstances at the time. It is not a good idea to commit yourself to a specific percentage or amount unless the costs are certain and the funds are not in doubt. However, a vague agreement may have to be litigated when the time to pay up arrives.

Perhaps the separation agreement could contain language that you and your ex-spouse begin negotiations at the start of the child’s junior year in high school to avoid “under the gun” agreements the following year. The court does have authority to enter orders until the child reaches age 23, although what financial arrangements will be ordered varies from judge to judge.

As far as Massachusetts domestic relations law goes, the minor children will remain covered by present health insurance. The divorced spouse also is covered at no extra cost until such time as the insured remarries. At that time, the divorced spouse may continue on the plan, but it is usually specified that the divorced spouse will pay for the additional cost. However, this statute, G.L. c. 175, 110I, does not apply if the employer is a self-insurer.

In that case, the federal COBRA regulations apply. They provide short-term coverage, usually 18 months, at an immediate and substantial cost to the divorced spouse. (Health insurance is an increasingly important issue: the cost is escalating, and fewer parties have low-cost, continued coverage.) If alimony is awarded, judges must also require that the obligor obtain or reimburse the spouse for the cost of health insurance without reducing the alimony award. G.L. c. 208, 34. Q: Who will pay for college?

When dating after a following your divorce, use common sense and be discreet. If there are no children and you are separated, it probably will not prejudice the court against you, but it may anger your spouse and make negotiations more difficult. If you have children and custody is at issue, do not date if you are the custodial parent, at least not while in the presence of the children.

If you do not have custody but do have visitation, your companion should not be with you when you have custody of the children. Quite frankly, a “significant other” of either parent is upsetting to children, particularly in the early stages of separation. Many judges will order that no third-party companion be present when the children are with you.

Child support in Massachusetts is mandated pursuant to the child support guidelines and can be calculated quickly based on your and your spouse’s gross incomes. Alimony can be awarded for any duration, including life, depending on the circumstances.

Alimony awards are usually a combination of the needs of the parties and a percentage of the obligor’s income. Wage assignments, if the obligor is employed, are now mandatory for child support (unless suspended by the agreement of the recipient) and prevent nonpayment. If payment is in arrears (i.e., your spouse is not paying alimony and/or child support in violation of a court order to do so), you can file a complaint for contempt with the court.

Typically, when there are minor children involved in a divorce they will often remain with the primary caretaker parent. However, this is not absolute, and the court can award custody to either parent depending on the “best interests of the child(ren).” Getting sole legal custody, where one parent makes all of the decisions regarding the upbringing of the child, is difficult and does not automatically convey the right to permanently remove the children from the Commonwealth.

Getting sole physical custody, where the child(ren) live with one parent and have visitation with another, is far more common. Where a divorce can be difficult enough on all parties involved, both parents should take the time to determine where the children’s best living arrangement would be in order to minimize the disruption in their lives. Many times, with school, after-school activities, homework, etc., it is often in the best interests of the child(ren) that they are not constantly moving from one parent?s house to another; instead spending the week with one parent and the occasional weekend with the other.

No, your spouse cannot stop the divorce. Divorce is unilateral, i.e., you cannot be compelled to stay married to someone. Your spouse can delay the divorce, however, through various tactics and strategies. Keep in mind though that many divorces do not involve a trial. Most divorce cases settle, as they should.

Trials are costly both in terms of emotions and finances and should be only a final resort to determine serious disputes. At Davis Law Group, we strive to provide our clients involved in a divorce the most timely, cost-effective service while insuring that they are thoroughly represented in both asset division and child custody issues.

The cost of the divorce will depend in large part on how much the parties can agree. If there is agreement with regard to division of assets and custody/care of any children, it will cost much less. If one of the parties is unwilling to cooperate and a lengthy legal process is required, it can take much longer. Many firms, including ours, charge for an initial consultation, but each lawyer may decide on a case-by-case basis as he or she wishes.

(We will always inform our potential clients before he/she meets with us whether they will be charged for an initial consultation) As for the divorce itself, some lawyers may charge a flat fee, but this is unusual because it is difficult to say with certainty what the total costs will be. We can discuss certain cost parameters and hourly rate, but, as mentioned previously, your spouse’s behavior will have an impact on the amount of time required to sufficiently resolve your case and, therefore, cost.