Law Offices of Richard Mucci
781-729-3999
Boston Experience Without Boston Prices

News And Thoughts On The Law In And Around Boston

The types of defects seen in construction law matters

Massachusetts residents expect that their property is well built. When it becomes apparent that defects in a structure exist, most owners will turn to the builder for answers. However, different types of defects exist in construction law, and the defect may not be the responsibility of the builder.

Three distinct types of construction defects exist -- material, design and workmanship. Those defects that result from substandard workmanship may be the responsibility of the builder, which could include the general contractor or subcontractors as applicable. However, if a construction company can show that the workmanship was not the issue, then it may not be found legally responsible for any defects to a Massachusetts resident's property.

Understanding what child custody means before negotiations begin

Massachusetts parents who face divorce usually want to shield their children from it as much as possible. The problem is that there is no way to do so completely. What parents can do is negotiate the best child custody agreement possible that helps the children transition into their new lifestyle.

In order to ensure that the negotiations go well, it may help to first understand some of the lingo associated with child custody. For instance, the parties will discuss two different types of custody -- physical custody and legal custody. Physical custody obviously deals with whom the children will live. Legal custody deals with which parent will make major life decisions for the children. These choices often include matters regarding education, health care and religion, among other things.

Should the language in contracts be simpler easier to use?

Massachusetts business owners often enter into relationships with other businesses. When doing so, they more than likely enter into contracts governing those relationships. Even though contracts require a certain amount of legal language in order to ensure they hold up in court, many people are moving toward using simpler and more user-friendly language in them in order to help alleviate misunderstandings and confusion.

It may be easier to better understand the language of a contract if it was in more plain language. This may attract more Massachusetts business owners since it could reduce the negotiation time if everyone better understands the provisions of the contract. One source estimates that working through the terms of a contract could take approximately 60 percent less time.

Understanding how the court views your divorce issues

When the time comes to sit down and talk about resolving your marital issues, you may wonder whether you can work out a settlement with your future former spouse or will have to go to court. In order to better understand which option may work best for you, it could help to know what a Massachusetts court will consider when making these decisions for you. If you are on the fence about whether to leave your divorce matters to the court or work together for a resolution, knowing the factors courts consider may help.

When it comes to property division, the court considers numerous factors, such as how long you remained married, what each of you can earn on your own, and your prospects for obtaining assets or inheritances in the future. Other factors include what your chosen occupation is and what you may need in the future. The court will want to make sure that neither of you walks away with a lion's share of the marital estate that may leave the other party at a deficit that makes it difficult to support him or herself post-divorce.

A parenting plan can account for numerous child custody issues

When Massachusetts couples divorce, one of their biggest concerns will more than likely be how to continue parenting. Their relationships are probably not in the best place during this time, and it may be challenging to envision a time when they can get along. A parenting plan may help account for child custody issues that could come up in the future.

If parents want to help avoid unnecessary confrontations in the future, they could make certain agreements in their parenting plans. For instance, they could agree not to discuss each other in front of the children, especially if the conversations are negative in nature. By voluntarily making this agreement, the parents may be more willing to abide by it.

Divorce and the new tax law could impact retirement savings

Retirement and financial planning during marriage looks different than it does for newly single Massachusetts residents. After a divorce, many people find themselves facing an uphill battle when it comes to their finances, let alone retirement. It may be possible to mitigate some of the damage a divorce can cause by taking the time to carefully consider the decisions made during the proceedings.

The sobering fact is that Massachusetts residents going through a divorce need to take numerous things into considering when it comes to budgeting for a post-divorce life. In addition to the costs of getting divorced, each party ends up with fewer assets and more expenses afterward. Moreover, other considerations could affect finances and the ability to save for retirement.

Going through a divorce while living in the same house

Even though the economy has made improvements in recent years, many Massachusetts homeowners continue to struggle with their mortgage loans. For couples who decide to divorce, this may mean not having the monetary resources to have separate living arrangements. Those couples may need to continue living in the same house during the divorce until a resolution can be reached regarding what happens to the marital home.

Massachusetts couples in this predicament may want to establish some ground rules in order to make it through the divorce, especially if there are children involved. Continuing to live in the same house may confuse the children and make them wonder whether mom and dad will get back together. It may be necessary to sit them down and explain the situation.

Breaking bad news: telling your kids about your divorce

Sometimes marriages end amicably. Sometimes they end with anger, deception and hurt feelings. Regardless of whether you're viewing your impending separation from your spouse as a positive or negative transition, this change signifies the end of an important constant throughout your child's entire life. When this safety net is taken away, it can make them feel like their whole world is crumbling.

The moment a child learns of their parents' divorce stays with them for the rest of their lives. Breaking this news in an empathetic way can help to minimize their trauma.

What happens to the family pet in a divorce with children?

Massachusetts families are often more than just the parents and children. Many have pets that they consider to be part of the family. When it comes to divorce, figuring out what to do with the family pet may not be as easy as some people think.

Only two states in the union no longer consider pets property when it comes to divorce, and Massachusetts is not one of them. Instead, pets are considered property, which means that the court deals with them in the same way that it would a sofa or a retirement account. More than likely, that would not appeal to most families.

Consider the pitfalls that could arise after a divorce

Massachusetts couples may find it challenging to see the future as a marriage ends. The emotions that accompany a divorce may also make people worry more about the immediate future. This is helpful, but without looking further into the future, any divorce settlement the parties negotiate could end up causing significant problems in the long run.

For instance, many people expect to be able to live the same way they did during the marriage. However, with the same amount of financial resources now supporting two households instead of one, it may be unrealistic. Each party may have to make financial sacrifices after the divorce. It may be beneficial to consider what it will actually take to live reasonably comfortably.

Tell Richard Mucci About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

OUR OFFICE LOCATION

Law Offices of Richard Mucci
63 Shore Road #23
Winchester, MA 01890

Phone: 781-369-9222
Phone: (781) 729-3999
Fax: (781) 729-6999
Map & Directions