Attorney Michael Franklin

Attorney Michael Franklin Attorney Michael Franklin is an experienced Massachusetts family law and criminal defense attorney.

After a divorce is finalized, many parents assume that the parenting schedule put in place will remain unchanged. Howeve...
04/03/2026

After a divorce is finalized, many parents assume that the parenting schedule put in place will remain unchanged. However, life circumstances often evolve, and what once worked may no longer serve the best interests of the child. A common question among divorced parents is whether parenting time arrangements can be modified—and the answer is yes, under the right conditions. In states like Massachusetts, courts recognize that parenting plans may need to change over time. This article explains when and how parenting time can be modified in Massachusetts, what courts consider, and how to approach the process.

When Can Parenting Time Be Modified?

Parenting time orders can generally be modified when there has been a material and substantial change in circumstances. Courts understand that families grow and schedules shift, and parenting arrangements should reflect those changes when necessary.

After a divorce is finalized, many parents assume that the parenting schedule put in place will remain unchanged. However, life circumstances often evolve, and

Many spouses who agree on the terms of their separation ask whether hiring an attorney is really necessary. If everythin...
03/02/2026

Many spouses who agree on the terms of their separation ask whether hiring an attorney is really necessary. If everything is amicable, it may seem straightforward to file paperwork and move on. However, even in a cooperative case, divorce is still a legal process with long-term financial and parental consequences. This article answers common questions about whether you need legal representation for an uncontested divorce in Massachusetts and what to consider before proceeding on your own.

What Is an Uncontested Divorce in Massachusetts?

An uncontested divorce, often called a “1A divorce,” occurs when both spouses agree on all major issues. These typically include property division, child custody, parenting time, child support, and alimony. The spouses file a joint petition along with a written separation agreement outlining the terms.

Because there is agreement, there is no trial.

Many spouses who agree on the terms of their separation ask whether hiring an attorney is really necessary. If everything is amicable, it may seem straightforwa

Divorce is difficult even when both spouses are willing to work toward a resolution. When one spouse refuses to cooperat...
02/02/2026

Divorce is difficult even when both spouses are willing to work toward a resolution. When one spouse refuses to cooperate, the process can feel overwhelming and frustrating. In Massachusetts, however, an uncooperative spouse cannot stop a divorce from moving forward. While noncooperation may affect the timeline and cost, the court has tools to keep the case progressing and reach a final outcome.

What Does It Mean When a Spouse Refuses to Cooperate?
A spouse may be considered uncooperative when they refuse to sign documents, ignore court deadlines, withhold financial information, delay negotiations, or fail to comply with court orders. Some spouses believe that by refusing to participate, they can prevent the divorce entirely. Others may use delay tactics to gain leverage or express anger. While this behavior can complicate matters, it does not give one spouse control over whether the divorce occurs.

Can a Divorce Proceed Without My Spouse’s Cooperation?
Yes.

Divorce is difficult even when both spouses are willing to work toward a resolution. When one spouse refuses to cooperate, the process can feel overwhelming and

The holiday season is filled with celebrations - office parties, family gatherings, college friends returning home, and ...
01/01/2026

The holiday season is filled with celebrations - office parties, family gatherings, college friends returning home, and New Year’s festivities. Unfortunately, it is also one of the most active times of year for driving under the influence charges involving alcohol, ma*****na, and other drugs. Law enforcement agencies increase patrols, sobriety checkpoints are more common, and drivers may underestimate how impaired they actually are. Even two glasses of wine can be enough to put someone at legal risk.

Why Are Holiday DUI Arrests So Common?

During the holidays, people often drink in unfamiliar settings, over longer periods of time, or without planning safe transportation. Alcohol tolerance varies, and stress, fatigue, or medications can amplify impairment. At the same time, police are specifically trained to look for signs of impaired driving during this season. Increased traffic, poor weather conditions, and late-night driving also raise the likelihood of stops and accidents.

The holiday season is filled with celebrations - office parties, family gatherings, college friends returning home, and New Year’s festivities. Unfortunately,

When couples divorce in Massachusetts, one of the most important financial questions that arises is what happens to reti...
11/20/2025

When couples divorce in Massachusetts, one of the most important financial questions that arises is what happens to retirement accounts. Whether you have a pension, 401(k), IRA, or another type of retirement plan, these assets are often among the largest marital holdings—and dividing them can be complex. Understanding how Massachusetts law treats retirement accounts helps ensure a fair and legally sound outcome.

Are Retirement Accounts Considered Marital Property in Massachusetts?
Under Massachusetts law, all property owned by either spouse—whether held jointly or individually—can be considered marital property if acquired during the marriage. This includes retirement accounts. Even if a retirement plan is in only one spouse’s name, the portion earned or contributed during the marriage is subject to equitable distribution, meaning it must be divided fairly, though not necessarily equally.

When couples divorce in Massachusetts, one of the most important financial questions that arises is what happens to retirement accounts. Whether you have a pens

For many couples, the marital home is the most valuable property they own and the place where their children have grown ...
10/20/2025

For many couples, the marital home is the most valuable property they own and the place where their children have grown up. When divorce becomes inevitable, questions about who will live in the home, both during and after the proceedings, often cause significant stress. In Massachusetts, the marital home is treated like any other property subject to division, but its importance to the family means it often requires special consideration.

Temporary Living Arrangements

During a divorce, the court may issue temporary orders about who can live in the marital home. If children are involved, judges generally prioritize stability and may allow the parent who has been the children’s primary caregiver to remain in the home while the case is pending. This does not mean that parent will automatically keep the home after the divorce, but it provides continuity for the children during a difficult time.

For many couples, the marital home is the most valuable property they own and the place where their children have grown up. When divorce becomes inevitable, que

Infidelity is one of the most emotionally charged issues that can arise in a marriage, and for many, it becomes a centra...
10/20/2025

Infidelity is one of the most emotionally charged issues that can arise in a marriage, and for many, it becomes a central factor leading to divorce. In Massachusetts, adultery can influence certain aspects of a divorce case, but its impact is often misunderstood. While Massachusetts recognizes both “fault” and “no-fault” divorces, the role that infidelity plays depends largely on the specific circumstances and the discretion of the court. This article explores how adultery can affect asset division, child custody, and other elements of a divorce in Massachusetts.

Fault vs. No-Fault Divorce in Massachusetts
Massachusetts allows spouses to file for divorce under “no-fault” or “fault-based” grounds. The vast majority of divorces are filed under no-fault divorce, meaning that neither party must prove wrongdoing. Instead, the marriage is deemed “irretrievably broken.” However, Massachusetts law also permits filing on fault grounds, including adultery.

Infidelity is one of the most emotionally charged issues that can arise in a marriage, and for many, it becomes a central factor leading to divorce. In Massachu

Getting pulled over by the police can be a stressful experience, even for minor traffic infractions like speeding or run...
10/20/2025

Getting pulled over by the police can be a stressful experience, even for minor traffic infractions like speeding or running a red light. Most people assume that a traffic stop will end with a citation or warning—but is it possible for an officer to arrest someone instead of issuing a ticket? In Massachusetts, the law gives police officers limited authority to arrest drivers for traffic violations, but only under specific circumstances. Understanding your rights and responsibilities during a stop can help protect you from unnecessary escalation or legal jeopardy.

When Can Police Arrest a Driver for a Traffic Violation?
Massachusetts law generally distinguishes between civil motor vehicle infractions and criminal traffic offenses. Most routine violations—such as speeding, failing to signal, or rolling through a stop sign—are civil infractions and do not justify an arrest. Officers typically issue a citation that can be paid or contested in court.

Getting pulled over by the police can be a stressful experience, even for minor traffic infractions like speeding or running a red light. Most people assume tha

Understanding Restraining Orders in MassachusettsRestraining orders are serious court orders that restrict one person’s ...
09/18/2025

Understanding Restraining Orders in Massachusetts

Restraining orders are serious court orders that restrict one person’s ability to contact or come near another. In Massachusetts, there are two main types: 209A Abuse Prevention Orders and 258E Harassment Prevention Orders. While both serve to protect individuals, they are used in different circumstances and carry different legal standards. Understanding the distinction is critical if you have been served with one.

209A Abuse Prevention Orders

A 209A restraining order—often called a domestic abuse prevention order—is available to people who have a specific type of relationship with the defendant. This includes current or former spouses, people who live together, those who share a child, relatives by blood or marriage, or people who have or had a significant dating relationship.

Understanding Restraining Orders in Massachusetts Restraining orders are serious court orders that restrict one person’s ability to contact or come nea

When parents are not married and the father’s name is not on the birth certificate, questions often arise about parental...
08/26/2025

When parents are not married and the father’s name is not on the birth certificate, questions often arise about parental rights, especially regarding relocation. In Massachusetts, family law governs these matters carefully to balance the rights of both parents and protect the best interests of the child. One common and complex question is whether a mother can legally move out of state with her child without the father's authorization when the father's name is not on the birth certificate.

Legal Presumption of Custody

In Massachusetts, if a child is born to unmarried parents and the father is not listed on the birth certificate, the mother has sole legal and physical custody by default. This means she is presumed to have full decision-making authority, including the ability to determine where the child lives.

However, this situation can become complicated if the father later seeks to establish paternity or custodial rights.

When parents are not married and the father’s name is not on the birth certificate, questions often arise about parental rights, especially regarding relocati

If you refuse a breath or blood test during a suspected drunk driving arrest in Massachusetts, you may assume that prose...
08/26/2025

If you refuse a breath or blood test during a suspected drunk driving arrest in Massachusetts, you may assume that prosecutors cannot use chemical evidence against you. But a recent Massachusetts high‑court ruling confirms that prosecutors can still use hospital blood work and calculated BAC estimates—even without your consent.

What the Law Requires: Consent for Police‑Directed Chemical Tests

Under Massachusetts General Laws, any chemical test or analysis of your blood or breath made by or at the direction of police must be done with your consent to be admissible in court.

If you refuse, even a warrant‑based analysis of blood drawn later can be suppressed—so long as that test was directed by law enforcement.

If you refuse a breath or blood test during a suspected drunk driving arrest in Massachusetts, you may assume that prosecutors cannot use chemical evidence agai

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