Brian Waller
I transitioned to divorce and family law after 15+ years working in accounting and operations for start-up technology companies. I strongly believe lawyers overlook the client experience and often force clients to work their way instead of the best way for the client. I try to look at everything from the client's perspective and make every effort to make things as easy as possible for them.
I strongly believe the best way to resolve disputes is through direct communication with the other party. The court system should be the last resort, and we have no problem advising clients that they are better off handling an issue themselves if that is the best approach for the client. I view the client relationship as a long-term collaboration rather than a quick, one-time money grab. I would rather that a client be completely confident in recommending us to a friend, or come back years later when they do need a lawyer. Almost all orders in cases with children need to be modified at some point for changes to child support, the parenting schedule or college expenses. My goal is that once someone becomes a client, they never even consider calling someone else when they need an attorney. If they have a great experience working with us, feel like we understood their goals and represented them well, and they received good value for the money they spent, there should (hopefully!) be no reason to start over with a new attorney.
I specialize in divorces with financial issues, whether high-income or net worth, family-owned businesses, real estate, retirement assets, or stock options and other equity compensation. All divorces have a range of issues though, so I am certainly not limited to financial cases by any means. Every case is unique, which is the reason I love doing what I do.
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
- Domestic Violence
- Domestic Violence Restraining Orders, Victims Rights , Victims Rights
- Free Consultation
- Credit Cards Accepted
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Rates, Retainers and Additional Information
We are one of the very few firms that offer true flat fees for Family Law. We feel hourly fees encourage inefficiency because there is no incentive to improve, and the client ultimately pays for that lack of efficiency. We want to change the way legal services are delivered, and we want every client to have a great experience and be excited to refer their friends and family to us.
- Massachusetts
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- US District Court, District of Massachusetts
- ID Number: 685672
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- English: Spoken, Written
- New England Law | Boston
- J.D. (2012)
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- University of Massachusetts - Amherst
- MBA (2008)
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- Rising Star
- Super Lawyers
- Rising Star
- Super Lawyers
- Certified Financial Litigator
- AACFL
- Recognized by the AACFL as having completed our comprehensive training in the financial aspects of divorce including complex financial issues, achieved a passing grade on the CFL Exam and is in good standing with the American Academy of Certified Financial Litigators. These individuals represent an elite group of practitioners nationwide who have achieved this status - the highest level award granted by the AACFL.
- Rising Star
- Super Lawyers
- Top 10 Family Law Attorney
- Attorney and Practice Magazine
- State Bar of Massachusetts
- Member
- Current
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- Massachusetts Bar Association
- Current
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- Worcester County Bar Association
- Current
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- Q. Can a judge order a hair follicle test on hearsay? No drug history or evidence. Just hear say from other parent?
- A: The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it, but judges have extremely wide discretion and this type of decision is rarely, if ever, overturned because the decision to have you take a drug test doesn't determine the outcome of the case. If you test positive, the judge can consider your positive test as evidence and make further decisions based on that evidence, as well as all of the other evidence presented. All of that assumes you go to trial and leave it up to a judge to decide. In nearly all cases, you are much better off coming to an agreement with the other parent so that you have some control over the outcome. If you let the judge decide, anything can happen. As far as the judge having a bias against you or trying to do a favor for someone, I am pretty confident in saying that wouldn't happen. Would the judge risk their career for your case, or really any case? Highly doubtful. It is much more likely that the judge was having a bad day or annoyed with you for some reason. Some judges hide that better than others. Also, if someone is rude to court staff (clerks, court officers, probation officers, etc.) that information can make it to the judge. So I guess my advice would be to always be respectful to anyone you interact with at the courthouse so you can eliminate the possibility that the judge thinks you are a jerk before the hearing even starts. (and I'm not saying you were, just general advice.)
- Q. In Massachusetts is there an agreement that can be filed with the courts for the termination of a domestic relationship?
- A: You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure both courts have jurisdiction. It sounds strange that you need a court order in the first place though, but it may be worth it to retain the mortgage at lower rates (which is why I assume you don't want to refinance).
- Q. Child support in MA with out of state father.
- A: It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days. DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for child support. They should be able to perform a search for his address, but if he has not officially established an address in his new state it may take a while. There are other ways for the court to enter the child support order if you can't find him, usually by publishing notice of the case in the newspaper. With regard to custody, as the mother, you will have sole legal and physical custody unless there is a court order that says something different. He would need to file something in MA in order to get that order. You would most likely not be responsible for traveling to him for visits, but sometimes his cost of travel can be factored into the amount of child support he pays.
