Briones Law Group Blog

Dividing Qualified Retirement Plans in the Aftermath of Divorce

Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a 401(k), are covered by the Employee Retirement Income Security Act of 1974 (ERISA). These types of retirement plans have stricter

Who Can Claim a Child as Dependent on Taxes After Divorce?

Divorce can be a trying life event, but add filing taxes into the mix, and most parents are running for the hills. Not to worry, by the end of this article, all of your divorce tax filing questions will be answered. Filing Status Let’s start with filing status. For couples going through the process of divorce, there are two filing options. When a divorce is pending but not finalized, the IRS still considers the couple

The Massachusetts Criminal Arraignment Process

It’s easy for attorneys to take for granted the knowledge they have regarding a criminal arraignment. After all, they may find themselves in court several times a week, so the process is second nature to them. Unless you have been involved in a criminal legal process, the things that go on during a hearing can be shrouded in mystery. Let’s examine the process and review what one can expect during an arraignment. The Probation Department

Get a Grip on Legal Jargon: Divorce Terms Explained

When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can help clarify some of the legal jargon you may encounter. Types of Divorce Irretrievable Breakdown of the Marriage This cause

Can I Change My Original Divorce Agreement?

Yes! Not only can you modify your divorce agreement, it is best to change it as your circumstances change. Divorce agreement modifications can address changes to child support, alimony, and custody arrangements. Either party can request a modification to reduce or increase support payments or to change parenting plan specifications. The status of your case, as well as the type of change requested, will determine how you facilitate modifications. One method is through a Complaint

Preparing For Divorce Mediation

Divorce is always a painful process. Splitting assets for its cash value is often a difficult end to a relationship that did not work out. Emotions run high, even in an amicable divorce. Being prepared is the best way to ensure both parties receive their fair share of the marital assets and debts. Listing shared properties of value, dividing properties with written evaluations by a neutral party and listing all goals for the divorce mediation

When mediation may be your best option in divorce

Divorce, while never easy, does not have to be an ordeal. For couples who wish to amicably end their marriages, there are a number of processes available that do not involve a combative mindset and are designed to minimize conflict in favor of compromise. One of the most common processes that aim for a more cooperative dissolution of a marriage is mediation. Mediation is the non-adversarial divorce process most familiar to the general public. In

Dying Without a Will in Massachusetts

What Happens When You Can’t Take It with You? As of 2020, up to 60% of Americans had not created a will. While it may seem like a hassle that can be put off for another day, tomorrow is never guaranteed, and the hassle of dying intestate (without a last testament) is far greater than investing in the peace of mind that a will brings. Without a will, everything and everyone that depends on you—real

What is mediation and is it right for you?

Each year, thousands of couples get divorced. Many of these cases end up in court, where a complete stranger decides how assets will be divided and where the children will live. But each year, thousands of cases settle out of court. By avoiding trial, couples are able to keep attorney fees low, reduce conflict, and be more satisfied with the final outcome. While some couples have little disagreement and are able to come to an

Criminal Law Defense Strategies

When accused of a crime, many clients want to know what strategies are available to them for defending their case. Because criminal courts require that a judge or jury determine guilt beyond a reasonable doubt, it is up to the defense attorney to use a strategy that creates such doubt in a client’s criminal case. While there are many strategies defense attorneys use to help clients receive an acquittal, the four most commonly discussed include

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