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Attorney Joseph R. Leone

Leone Law Offices
Experience:  22 Years
Area Served: Boston Metrowest

1101 Worcester Street
Framingham, MA, 01701


Attorney Message

I am proud of the high level of client satisfaction and success achieved in representing my clients over the years.  I am a trial attorney and specialize in divorce and family Law, criminal defense, and employment law. I have successfully handled thousands of legal matters. I have the Experience, Knowledge, and the Determination to successfully represent you. My representation is energetic and powerful, and the results are proven. Call me to schedule an appointment to discuss your legal matter.

Areas of Practice

Summary

Verification- Supreme Judicial Court of Massachusetts

  • Last verified: 2/18/2014
  • Current status is Active
  • This attorney has no record of public discipline.
  • This attorney has certified that he or she is covered by professional liability insurance.

 

Education

Suffolk University Law School, J.D.
Suffolk University, B.A.

Bar Admissions

Massachusetts, 1995

Professional Associations

American Bar Association
Massachusetts Bar Association
American Trial Lawyers Association

About Me

About Joseph Leone

Attorney Leone is a Massachusetts trial attorney who specializes in divorce and family law, criminal law and employment law. He represents individuals in divorce matters involving child custody, child support, alimony or spousal support, the valuation and division of assets and debt, and visitation schedules or parenting plans. His family law practice includes the representation of individuals in paternity cases, complaints to modify or enforce court orders, prenuptial agreements, guardianships, adoptions, and the probate of estates.

Attorney Leone’s employment law practice focuses on the representation of employees that have experienced sexual harassment or discrimination in the workplace based upon age, race, religion, national origin or ancestry, pregnancy, sexual orientation, or disability. He also represents employees and businesses in employment contract disputes and negotiations, severance agreements, and non-compete agreements, and disputes regarding commissions, bonuses, and other forms of compensation incentives.

His criminal defense practice focuses on the representation of individuals charged with serious felonies such as armed robbery, larceny, drug possession, distribution and trafficking, arson, and gun possession. Attorney Leone also represents individuals that have been charged with misdemeanors such as operating under the influence of alcohol (OUI, DUI, DWI) and other motor vehicle offenses, assault and battery, domestic assault cases and restraining order violations.

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Q&A

Legal Questions & Answers


A:
You are right that you’re ex-wife is in contempt. However, you will file a Complaint for Contempt and it will be filed in the Probate and Family Court in the county that your divorce was handled in unless that was not in Massachusetts. There is no filing fee for the complaint, but you will have to pay $5.00 for the Summons. Once you’ve filed and receive the summons, you will have to have your ex-wife served by Constable or Sheriff. In-hand service is not necessary, though. Do you have any idea why your ex-wife came to get the children and would not bring them back? What do you think your ex-wife’s defense/argument will be when she must answer to the Court why she shouldn’t be found in contempt? You should always be ready for the opposing argument!




A:
You can file a Complaint for Contempt in the Probate and Family Court. If you and your ex-husband were divorced in Middlesex County, then you would file the complaint in that county. In addressing the emancipation of your daughter, turning eighteen does not automatically mean she will be emancipated. If she still lives with you and is principally dependent on you, then she may not be emancipated until she is 21 years old; and if she is a full-time student, then not until she is 23! I would like to see your separation agreement or the Order from the Court to make sure there is nothing that states that child support shall end when she turns 18 regardless of whether she lives with you or is in school. You can have DOR enforce the payments by requesting that service with the Court when you go in on the hearing on contempt. The Court, if he is found in contempt, will likely order that he begin paying the full amount now and will add an additional amount to take into account the arrearage. If you have more questions contact us at http://www.LoneLawOffices.com




A:
I am a Framingham MA divorce attorney. I'd be glad to speak with you regarding your divorce issue and how the alimony law may affect your situation.




A:
Is the money in a joint account? If in an individual account, do you have any other accounts that are not joint? Have you used any portion of the money during the marriage, even if you “borrowed” from it and later “paid it back”? How long have you been married? Who put down the deposit to buy the home and how much was put down? Did you have loans for business school and, if so, who paid them back? I would need more information to properly analyze your situation and there are no guarantees as to what a Judge would say. Probate and Family Court Judges enjoy a wide latitude of discretion. However, if the money was set aside in a separate account and was never touched, you could probably convince a Judge that your husband never relied on it and that there was always an understanding that the money was yours for a business start-up. Conversely, if the money has been sitting there for a significant period of time and it has been understood by you and your husband that it was unlikely that you would ever start that business, then your husband may argue successfully that he did rely on someday being able to use it for something else (e.g., your retirement). It would help your case if the money was in an individual account with only your name on it, just as it would hurt your case if the money was in a joint account. It might help if I gave you two examples: If you have been married for 20 years; the money has been in a joint account; you never took steps to start your business; your husband says that you and he had conversations about how you would spend the money in retirement, etc., then the Court may very well award your husband half of the asset. If you have been married 6 years; the money is in an individual account with only your name; you still plan to use it to start your business and you can show the Court that there was never a reliance to use it otherwise, then it is very likely that the Court will let you keep the asset. I would need additional information specific to your case to give a proper analysis.




A:
If a complaint for divorce has already been filed with the Court, then there is a Rule 411 automatic restraining order that is in effect on the plaintiff (i.e., the filing party) upon the filing of the complaint and on the defendant once he/she has been served. You make no mention as to whether a complaint has been filed or served. Assuming there was, your husband is in contempt of court and you should file a complaint for contempt immediately. If nothing has been filed, you should consider filing a complaint and having him served as soon as possible. You can include a motion for temporary orders requesting child support and spousal support, etc. You may even get the Court to order that your husband pay for your attorney’s fees for the divorce (pendent lite). In any event, during the discovery phase, you can obtain records for all accounts and the Court will certainly take into account what your husband did and what assets he dissipated (or moved around) when it makes an order for an equitable division of the marital estate. There are cases in which a Court has ordered attorney’s fees when one spouse has purposely dissipated assets just so the other spouse would get nothing, plus ordered that the wronged spouse be compensated for what his/her share would have been had the assets never been dissipated. Learn more at our site http://www.LeoneLawOffices.com



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Location Served

Attorney Joseph Leone represents clients throughout Massachusetts and the Greater Boston Metrowest region including such counties as Middlesex County, Worcester County, and Norfolk County and the towns of Ashland, Boston, Berlin, Bolton, Boylston, Clinton, Concord, Dover, Framingham, Grafton, Hopkinton, Holliston, Hudson, Marlborough, Maynard, Millbury, Natick, Needham, Newton, Northborough, Sherborn, Shrewsbury, Southborough, Sudbury, Upton, Watertown, Waltham, Wayland, Wellesley, Weston, Westborough, West Boylston, and Worcester.


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