Why Divorce Mediation is a Good Alternative to a Contested Divorce in Massachusetts

The end of a marriage is certainly a stressful time for all parties involved. Some divorces can cost thousands upon thousands of dollars in legal fees. In a traditional divorce, both parties usually pay for their own attorneys. In Massachusetts, the cost for a good attorney can be somewhere in the area of $250.00-$400.00. per hour. Given those numbers, it is easy to see how a contested divorce could become very expensive.

Divorce Mediation in Massachusetts can provide individuals with a more cost effective, amicable way to end their marriage. Divorce Mediation is a process by which two individuals who wish to be divorced, discuss all of the issues involved and attempt to come to an agreement that is acceptable to both parties. The process is monitored by a neutral person, the Mediator, as the parties try to work out their issues and concerns. The Mediator does not represent either party, and does not act as an attorney. The Mediator will assist the parties in writing an agreement if they are able to come to one.

Divorce Mediation can be considerably less expensive than a contested divorce. Both parties share in the cost of the Mediator. In addition, Divorce Mediation can be less time consuming than a contested divorce in Massachusetts. If the parties are able to work out their problems in Mediation, an agreement may be written in a short amount of time.

Attorney Theresa Gomes is a Certified Mediator in Massachusetts and would be happy to assist you in mediating your divorce.

Law Office of Theresa L. Gomes has moved to a new location

The law office of Theresa L. Gomes has moved to a new location as of March 1, 2013. Attorney Gomes can now be reached at her new address: 891 Centre St. Suite 200, Boston, MA 02130. Her new telephone number is (617) 524-6600.

Attorney Gomes represents Defendant in Wareham Home Invasion

Attorney Theresa Gomes was retained to represent Jordan Gomes, one of five co-defendants charged with home invasion in Wareham, MA.

The Smell of Burnt Marijuana Is Not Sufficient To Remove A Person From A Motor Vehicle

The Massachusetts Supreme Judicial Court ruled today that the smell of burnt marijuana is not sufficient to remove a person from a motor vehicle. Please read the article below.

By Martin Finucane, Globe Staff

The odor of burnt marijuana is no longer enough for police officers to order a person from their car, now that possession of less than an ounce of marijuana has been decriminalized in Massachusetts, the state's highest court ruled today.

"Without at least some other additional fact to bolster a reasonable suspicion of criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order," the court ruled in a decision written by Chief Justice Roderick Ireland.

The court said the people's intent in passing the ballot question decriminalizing the possession of small amounts of marijuana was "clear: possession of one ounce or less of marijuana should not be considered a serious infraction worthy of criminal sanction."

"Ferreting out decriminalized conduct with the same fervor associated with the pursuit of serious criminal conduct is neither desired by the public nor in accord with the plain language of the statute," the court said.

Justice Judith Cowin, who has since retired, penned a dissent.
She wrote that up until today, state law has allowed police to perform a warrantless search if they smelled burnt marijuana in a car.

"Even though possession of a small amount of marijuana is now no longer criminal, it may serve as the basis for a reasonable suspicion that activities involving marijuana, that are indeed criminal, are underway," she wrote.

"Our case law is clear that 'the odor of marijuana is sufficiently distinctive that it alone can supply probable cause to believe that marijuana is nearby.' The advent of decriminalization certainly has had no effect on the distinctiveness of marijuana's odor. Nor has decriminalization affected the criminal status of numerous other activities involving marijuana," Cowin wrote.

Voters in November 2008 overwhelmingly approved Question 2, which decriminalized marijuana, with backers calling for a "more sensible approach" to marijuana policy and focus by law enforcement on more serious and violent crimes. Opponents argued that the law would promote unsafe drug use.

-Attorney Gomes

Malden Man Arrested For Murdering His Husband

Michael Losee was arrested on March 10, 2011 and charged with the murder of his husband, Brian Bergeron. Losee was held without bail after his arraignment in the Malden District Court. Losee is due back in court on April 29. The police alleged that Bergeron was stabbed to death by Losee. Losee pleaded not guilty to the charges against him.  Read the full article below.

-Attorney Gomes

By Milton J. Valencia, Globe Staff

MALDEN – A Malden man was charged with murder and ordered held without bail today for allegedly killing his husband in what authorities called a domestic dispute.
Michael Losee, 41, was charged in the stabbing death of his husband, Brian Bergeron, 55, in their Clarendon Street home.

Losee turned himself into authorities Wednesday, and a not-guilty plea was entered on his behalf at his arraignment today in Malden District Court. The next court hearing is scheduled for April 29.
An attorney for Losee, Norman Zalkind, said today he expects to bring the case to trial, but he could not comment on the details of the alleged murder.

Police said they received a call Wednesday from a friend of the couple in Florida, where they once lived, reporting an alleged confession by Losee.
Police first responded to the couple’s former home in Medford. After realizing they no longer lived there, authorities went to the home on Clarendon Street. Inside, they found the body of Bergeron wrapped in a blue tarp, according to a police report. He had been stabbed, authorities said.
Losee turned himself in soon after the body was found. Police are continuing to investigate the case.
The couple ran a home design and renovation business. Bergeron was the designer, and Losee was the contractor.

“This appears to be a tragic incident of domestic violence, committed by the spouse of the victim,” Middlesex District Attorney Gerard T. Leone Jr. said in a statement issued yesterday, adding that prosecutors "are deeply saddened by what appears to be yet another domestic violence homicide in Middlesex County.”