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10 Things to Never Do
/by Sclafani & MoriartyHere are 10 Things to Consider Never Doing…. 1. Never put anything in an email or text that you would not want read back to you in court. 2. Don’t pay spousal support or child support in cash, unless you get a receipt. 3. Never sign anything without reading it first. Fine print matters! You […]
If Asked By a Police Officer, Should I Go To the Police Station to Give a Statement?
/by Sclafani & MoriartyIf you are suspected of a crime, you may be asked by a police officer to go to the police station to give a statement or give your side of the story. This means that they do not have enough evidence to arrest you. Any statement you make, either before or after a Miranda warning […]
Should I Sign a PreNup?
/by Sclafani & MoriartyThere are many reasons to sign a prenup. Let’s look at a few here. First if you are both wealthy or are even in the same place financially, it’s generally a good idea to sign a prenup to protect your assets, now and in the future. If you are engaged to someone who is wealthier […]
Can My Cellphone Be Used Against Me?
/by Sclafani & MoriartyThere is so much information about you on your cellphone. It basically holds your life. Information such as where you’ve been, where you live, who your friends are, etc. The Supreme Court’s 2014 decision established that cellphones are most like homes, which police officers need warrants to search. Chief Justice Roberts wrote that a contemporary […]
What is the Hands Free Law in Massachusetts?
/by Sclafani & MoriartyAs of February 23, 2020, Massachusetts law prohibits operators of motor vehicles from using any electronic device, including mobile telephones, unless the device is used in hands-free mode. What does this mean? Drivers 18 years of age and older can only use mobile devices in hands free mode. They are not permitted to hold or support […]
Who gets net proceeds from the sale of my home in the event of a divorce?
/by Sclafani & MoriartyFirst, it’s important to remember that if you purchase a house during the course of your marriage, whether YOU purchase it, YOUR SPOUSE purchases it, or you purchase it together, is a marital asset. That means, it belongs to both of you. Even if your name is not on the title, it doesn’t matter. The […]
I want a Divorce. Now what?
/by Sclafani & MoriartyThe first thing you will want to do if you want a divorce is to obtain the services of an attorney to ensure your best interests are represented. If you want a divorce but your spouse doesn’t, you can still move forward. Massachusetts allows divorce due to irreconcilable differences and all you need to do […]
Bankruptcy and Divorce
/by Sclafani & MoriartyDid you know that when you file for divorce, one of the “assets” that is eligible to be divided amongst the two parties is debt? Yes, you could end up paying college tuition for your spouse, or their hefty credit card bill; although the same goes for them if you have any leftover debt. It […]
Can I Sue the Government for Potholes in Western Massachusetts?
/by Sclafani & MoriartyOne of the most basic responsibilities of the government is to ensure that public roads are well-maintained. Roads have been an essential part of functioning society for thousands of years. The Roman Empire’s affinity for road-building was one of the main reasons they became so successful. It seems unthinkable that in the modern era, roads […]
Invoking the Fifth
/by Sclafani & MoriartyThe Fifth Amendment to the Constitution guarantees that an individual cannot be compelled by government to provide incriminating information about oneself, which means you have the right to remain silent. By invoking that right, you have the right to refuse to answer questions or provide information that might incriminate you. With that said, you can […]