Law Offices of Ira C. Yellin, LLC FindLaw IM Template 2026-07-22T16:31:05Z https://www.yellinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100910/2019/05/cropped-site-icon-32x32.jpg On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[How does the court decide what is best for a child?]]> https://www.yellinlaw.com/?p=52874 2026-07-22T16:31:05Z 2026-07-22T16:31:05Z Parents are not always able to come up with a child custody solution on their own. They need the court to do it and issue a custody order. To do this, the court is supposed to use the standard of deciding what is in the child's best interests. While this sounds good to parents, they may understandably wonder how the court could possibly know what is best for their child. This is especially true if the parent disagrees with the court's decision. What are some of the factors that the court will consider?

Gathering all possible information

This is a difficult decision for a court to make, but the way they approach it is by trying to gather as much information and learn as many details about the child's life as they can. Key factors could include:
  • The parental roles the parents had while they were married
  • Whether the child has any special needs
  • The relationship the child already has with each parent
  • Whether there are important relationships with other extended family members
  • Whether there are any social, cultural or religious considerations
  • The parents' physical and mental health and their ability to care for the child
  • The stability of the parents' living situation and financial situation
  • Whether there is any evidence of abuse, domestic violence, excessive alcohol use or illegal substance use
In some cases, if the child is old enough, the court will even ask for their preference. That does not mean that the court has to do whatever the child requests, but a teenager who expresses a strong preference may have that considered along with many other factors. Reaching a child custody determination this way can be complex, and disputes do arise. Parents must be aware of all of their legal rights as they work their way through this process during a divorce.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Should you file for Chapter 7 or Chapter 13 bankruptcy?]]> https://www.yellinlaw.com/?p=52872 2026-07-10T13:39:50Z 2026-07-10T13:39:50Z Are you in debt? Is your debt caused by medical bills, late fees or maxed credit cards? Is your debt causing financial strain? You may need to consider filing for bankruptcy. Bankruptcy is a process that can help you remove large amounts of debt within a few months or years. You may be eligible for Chapter 7 or Chapter 13 bankruptcy. However, you should learn about the difference between these two forms of bankruptcy before you file. Here is what you should know:

What to know about Chapter 7 bankruptcy

Chapter 7 bankruptcy can wipe away most of your debts in a few months. However, this form of bankruptcy is only eligible for low-income families. This means that people who make below the average income in their community can file for Chapter 7 bankruptcy.  Furthermore, Chapter 7 bankruptcy is also called liquidation bankruptcy. Assets may be used to resolve debts. However, most assets are considered exempt from the liquidation process, including a family home or a single vehicle. 

What to know about Chapter 13 bankruptcy  

Alternatively, you may want to consider a Chapter 13 bankruptcy if you can pay off some of your debts. Chapter 13 bankruptcy reorganizes debts so that they can be paid off in three or five years. If there are any remaining debts after this repayment period, they may be resolved. This form of bankruptcy is eligible for people who make more than the average family in their community. Before committing to a form of bankruptcy, you may need to seek professional legal guidance to help you choose the right form of bankruptcy.   ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[How spouses can communicate during divorce]]> https://www.yellinlaw.com/?p=52869 2026-06-26T09:32:25Z 2026-06-26T09:32:25Z Although not legally required, spouses communicating during divorce can be beneficial. It allows them to exchange information and make decisions seamlessly. However, it can also increase the likelihood of conflicts due to emotional triggers and unresolved issues.  Thus, it’s important to know the best ways to hold conversations with your soon-to-be ex-spouse. Below are a few tips to help you:

Set boundaries

You and your spouse should set ground rules for communicating. These include the topics to discuss and those to avoid, when to contact each other and the communication modes to use. For instance, you can agree not to discuss any topic that is not divorce-related and not to contact each other late at night or early in the morning.  Additionally, you can agree to use emails for exchanging information/updates, texts for reminders and phone calls for emergencies. You can also use co-parenting apps or in-person meetings if possible. Note that written communication is easy to document.

Use the BIFF method

When communicating with your spouse, it helps to use the Brief, Informative, Friendly and Firm (BIFF) method. Every response you send should be short, strictly stick to the facts, use a friendly tone and state your position/decision clearly.

Take time before responding

You can take time before responding to your spouse, unless it’s an emergency. Doing this allows you to give well-thought-out responses. Responding immediately can result in impulsive replies that are emotionally charged.  Ensure you acknowledge receipt of the message. Let your spouse know you have received the message and will respond by a specific time.

Avoid communicating through third parties

Avoid passing messages to each other through your children, family members or mutual friends.  Communicating with your spouse when going through a divorce can be difficult, but it can be successfully handled. Learn more about how you can have a smooth process.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 tips for communicating with your ex about the children]]> https://www.yellinlaw.com/?p=52867 2026-06-15T15:44:46Z 2026-06-15T15:44:46Z Having to speak with your ex about your children is something that can be challenging and infuriating; however, it’s also necessary as you raise your children. When you and your ex can speak calmly, making decisions about the children might be a bit easier.  It’s not always easy to stay in control of your emotions when you’re communicating with your ex. These tips may make the situation a little easier. 

1: Commit to communicating only about the children

Communication should be focused solely on the children. It’s easy to get carried away, particularly if there are still harsh feelings about the end of the relationship. When you avoid bringing up the past and stick to things that have to do with the children now, you can provide more stability for the children. 

2: Pay attention to shared information

Parents may have to deal with doctors, childcare providers, teachers and other individuals who help to care for the children. It’s critical that both parents receive the same information and that the other adults receive consistent information. This can help to avoid misunderstandings and unintentional harm to the children.

3: Consider centralized record keeping 

Parents who have the same information, such as a shared calendar, making decisions about the children might be easier. This also provides a central database where you can turn if you need any information.  Having guidelines set in your parenting plan can make it easier for you and your ex to remain on the same page about your children. It may be beneficial to work with someone familiar with these matters so they can assist you with ensuring everything is set up in the child’s best interests. ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Will working from home help your custody case?]]> https://www.yellinlaw.com/?p=52840 2026-06-05T21:04:18Z 2026-06-05T21:04:18Z How remote work has changed parenting schedules Working from home can make certain parenting responsibilities easier to manage. Some examples include:
  • Handling school drop-offs and pickups
  • Attending parent-teacher conferences and school events
  • Supervising children after school
  • Spending less time commuting
  • Accommodating parenting-time exchanges during the week
If you work remotely, you may have more flexibility to participate in your child's daily routine. For some families, that flexibility can make shared parenting schedules easier to manage than they would be with a traditional commute.

Why courts still focus on the child's best interests

Even if you work from home, courts will look at much more than your job location when evaluating custody arrangements. The central question remains whether a parenting plan supports your child's needs and well-being. Courts may consider your involvement in your child's life, your relationship with your child and your ability to meet your child's needs. Working remotely does not always mean you are available throughout the day. Some remote jobs require long meetings or strict schedules. Courts may also consider practical issues such as childcare responsibilities, transportation arrangements and how a proposed parenting schedule will work on a day-to-day basis.

Parenting plans must work in practice

Remote work has changed how many parents balance work and family responsibilities. In some households, that flexibility can support greater involvement in a child's daily routine. Custody decisions do not depend solely on where you work. Courts look at whether a proposed parenting arrangement will meet a child's needs and function successfully over time. As remote and hybrid work remain common, parenting plans may continue to evolve, but the focus remains on creating arrangements that support children and their day-to-day lives.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 ways parenting plans may need to vary according to age]]> https://www.yellinlaw.com/?p=52838 2026-06-04T15:45:34Z 2026-06-04T15:45:34Z It’s easy when thinking about custody and parenting plans to fall into the trap of treating all children the same. The reality is that the requirements of one child to the next can vary hugely. One factor that is often behind this is their age. A plan that works well for a child of one particular age may be disastrous for one of a different age. This can be true even within the same family. Here are some of the ways things may differ.

1. The amount of time needed with parents 

Older teenagers generally do not require the presence of their parents as much as toddlers or babies. They may spend most of their day at school, and much of the rest of their time studying, or out with friends or partaking in activities. This can free up their parents to work longer hours or pursue their own interests. By contrast, a very young child needs almost constant attention. A young child may need daily calls from the parent they are not with to be considered in the parenting plan. A teen may not want to engage in such regular conversation, and can also just ring or message whenever they want from their cell phone.

2. The expenses to be split

Educational expenses are often fairly low when the kids are younger, as most attend free schools. Once a child goes to college, the cost will rise considerably with tuition fees and perhaps college accommodation to consider. The ratio co-parents use to split costs may no longer be feasible if one parent does not earn enough.

3. The importance of location

When your child is young, they may happily spend their spare time playing at either parent’s house, wherever they are situated. As they become older, they might find the location of one of the homes suits them much better. Perhaps one parent lives in the town where most of their friends live. Or maybe one makes it easier to get the bus to sports practice, while the other does not have a regular bus service, so they can only go when someone can drive them. Determining the ideal parenting plan can be challenging, and once you do make one, you may need to alter it as your child grows. Legal guidance can be helpful to make or amend yours. ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[What happens at a bankruptcy 341 meeting in Massachusetts?]]> https://www.yellinlaw.com/?p=52807 2026-05-19T15:16:07Z 2026-05-19T15:16:07Z What the bankruptcy trustee does A trustee conducts the meeting rather than a judge. In Massachusetts, 341 meetings may be held remotely (Zoom/telephone) or in person, depending on the notice. At the meeting, the trustee places you under oath, verifies your identity and reviews the information in your forms. They may ask about your assets, income, expenses, debts and whether your schedules are accurate. In a Chapter 13 case, the trustee may ask whether your proposed repayment plan is realistic based on your income and monthly costs. They may also ask if you understand how a discharge eliminates certain debts. While creditors may attend to ask about collateral (like a car or mortgage), they rarely appear in consumer cases. If the trustee requires more information, they may request additional records or continue the meeting to a later date.

What documents you may need to provide

The trustee may request specific documentation to verify your filing. To avoid delays, submit the following by their respective deadlines:
  • Photo ID and Social Security proof: A government-issued photo identification card and proof of your Social Security number.
  • Federal tax returns: A copy of your most recent federal income tax return (or transcript). You must provide this to the trustee no later than seven days before the meeting.
  • Proof of income: Pay stubs or evidence of income received during the 60 days before filing. These are typically due within 14 days after your initial bankruptcy filing.
  • Financial records: Your state tax returns (if requested), bank statements or any additional records the trustee specifically requested.
After document verification, you can expect standard questions about your financial history.

Keep your bankruptcy case on track

The 341 meeting is an important step in the bankruptcy process. If you do not appear, your case may be dismissed. Preparing your records, reviewing your forms and following trustee instructions can help your case move forward with fewer issues.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Why Massachusetts courts include inheritance in divorce]]> https://www.yellinlaw.com/?p=52803 2026-05-11T11:49:52Z 2026-05-11T11:46:42Z Massachusetts law, the court has broad power. A judge can assign any part of one spouse's estate to the other to reach a fair outcome for both people.

The legal status of inherited assets in a divorce

State law differs from many other areas because it does not automatically label an inheritance as separate property. Judges review your entire financial life to decide how to split wealth. They put any resource with value into the pool of assets available for division. A judge considers several factors when handling these specific funds:
  • Length of the marriage: Courts lean toward an equal split of inherited wealth in long-term marriages
  • Economic contributions: How you supported the home can change how the court divides assets
  • Future needs: A judge may give more of the estate to a spouse with lower pay or higher bills
These details help a judge ensure the final order fits your specific life. How the court treats these funds often depends on how each spouse helped the marriage.

How commingling affects your financial outcome

When you move wealth into joint accounts or use it for shared costs, you commingle those assets. If you use an inheritance to pay off a mortgage or fund a family business, the court will likely include that asset in the division pool. This shift makes the money a core part of the marital partnership. Tracing these assets requires a close look at bank records and spending habits. A judge might see that you kept an inheritance separate, but they can still divide it under the state’s broad "all property" rule.

Protecting your financial future

The reach of state law means an inheritance is rarely off-limits when a marriage ends. Because the court values a fair result over legal titles, you must disclose all assets. An experienced attorney can help you find which assets the court might divide. They can also help you build a case for a fair share of the estate. Knowing your rights under this property system is the first step toward a stable life after divorce. Plan for these talks early to build a better strategy.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Should you get a temporary custody order during your divorce?]]> https://www.yellinlaw.com/?p=52800 2026-04-28T10:04:04Z 2026-04-28T10:04:04Z parenting arrangements, a temporary custody order can protect your relationship with your children during the divorce process.

What is a temporary custody order?

A temporary custody order sets child custody terms while a divorce is pending. The order addresses the children’s living arrangements and who makes important decisions about their care. These orders typically stay in place until the final divorce decree. However, courts may modify it if circumstances change significantly. For your family, this may help reduce conflict during an uncertain time.

How do Massachusetts courts determine temporary custody?

Massachusetts courts use the "best interests of the child" standard when deciding temporary custody arrangements. Under state law this may include the following factors:
  • The relationship between each parent and the child
  • Each parent's ability to provide a stable living environment
  • The child's current adjustment to home, school and community
  • History of domestic violence or substance abuse by either parent, which can limit custody in cases of proven abuse
  • The child's preference, if the child is of sufficient age and maturity to expresses a reasoned opinion
Courts also consider existing living arrangements. If the children have been living primarily with one parent, judges may not change that arrangement without compelling reasons.

When should you request a temporary custody order?

In certain situations, a temporary custody order may be necessary. You may consider requesting one if:
  • Your spouse is limiting your access to your children without good reason
  • You have concerns about your children's safety or well-being in your spouse's care
  • Your spouse has threatened to relocate with the children
  • You cannot reach an agreement about parenting time or decision-making
  • There is a history of domestic violence or substance abuse
Filing early may prevent your spouse from establishing a living arrangement that favors their preferred custody plan. Courts often consider current routines, so waiting too long may put you at a disadvantage.

Taking action to protect your parental rights

Temporary custody orders may help when parents cannot agree on a parenting schedule. If you face restrictions or have concerns about your children's welfare, consider discussing temporary custody with legal counsel. Acting promptly can help protect your relationship with your children during this difficult transition.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[What are the pros and cons of a Chapter 7 bankruptcy?]]> https://www.yellinlaw.com/?p=52796 2026-04-10T15:07:54Z 2026-04-10T15:07:54Z Facing a mountain of debt can make you feel trapped and uncertain about your financial future. In Massachusetts, Chapter 7 bankruptcy is a common path for individuals who need a fresh start by liquidating assets to pay off creditors.  While this process can wipe the slate clean, it is a significant legal step that carries both immediate relief and long-term consequences. Understanding how this choice impacts your daily life is essential before you move forward.

The benefits of filing

Choosing to file for Chapter 7 can provide a sense of peace that you may not have felt in years. It can offer several protections that stop the cycle of debt collection immediately. Primary advantages include:
  • The automatic stay: This action prevents creditors from calling you, sending letters or pursuing lawsuits and wage garnishments.
  • Debt discharge: A discharge order eliminates most of your unsecured debts, such as credit card balances and medical bills.
  • Future income security: Any money you earn after you file for bankruptcy is yours to keep. It cannot be taken by the creditors involved in your case.
These benefits allow you to stop worrying about past-due notices and start focusing on building a new financial foundation.

The drawbacks of filing

While the relief is significant, Chapter 7 is not without its costs. You must weigh the benefits against the potential negative impacts on your property and credit.
  • Loss of non-exempt property: The court can sell your non-exempt assets to pay back your creditors. This might include second homes, expensive jewelry or valuable collections.
  • Credit score impact: Chapter 7 filing stays on your credit report for ten years, which can negatively impact your credit score.
  • Excluded debts: Not all debts go away after you file for bankruptcy. You will still be responsible for some costs, such as child support, alimony and recent tax debts.
The loss of certain assets and the mark on your credit history are serious factors that require careful thought.

Make an informed decision before filing for bankruptcy

Deciding to file for bankruptcy is a major life event that requires you to look at your entire financial picture. Chapter 7 is a powerful tool, but it is not the only option for dealing with debt. Before making a decision, it is wise to explore all your alternatives to ensure you are choosing the path that fits your specific needs. ]]>