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Joshua H Bearce
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Summary
My practice is centered on helping individuals through the most difficult time periods in their lives. I represent clients in divorce and family law cases, involving issues such as child custody and support, alimony, and domestic violence. I also represent clients in trust and estate cases, including in will and trust challenges, guardianships, conservatorships, and other disputes involving the transfer of wealth.
My clients come from a variety of diverse backgrounds. I personally believe that every client, regardless of their circumstances, deserves the best legal representation. I respect the trust my clients have placed in me during these difficult time periods and I strive to handle their cases with compassion and expertise.
I strongly believe in resolving issues outside of the courtroom. However, I acknowledge that many issues cannot be resolved without court intervention. I take pride in my ability to present my client’s case to the Court in the most persuasive and prepared manner to obtain their desired result. If I am granted the opportunity to serve as your counsel, I look forward to working with you.
In my free time, I enjoy cooking, traveling, and spending time with family and friends. I also enjoy real estate speculation, stock trading, and vintage automobiles.
Practice Areas
- Family Law
- Divorce
- Domestic Violence
- Probate
Fees
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Massachusetts
- New Hampshire
Languages
- English: Spoken, Written
Education
- Boston University School of Law
- J.D.
- -
Awards
- Top 40 Under 40
- American Academy of Attorneys
- Clients' Choice Award
- Avvo
- 10 Best
- American Institute of Family Law Attorneys
Professional Associations
- New Hampshire Bar Association # 266168
- Member
- Current
Websites & Blogs
- Website
- Devine, Millimet & Branch, P.A. website
Legal Answers
9 Questions Answered
- Q. Unmarried and separated with three kids. As a single mother, what are my rights an what can I do?
- A: You can file three Complaints for Custody-Support-Parenting Time in the Middlesex Probate and Family Court. You can seek to waive the filing fees if you have a low income. After you have filed, I would suggest filing a motion for temporary orders to obtain an award of child support from the children's father, as well as the establishment of a parenting plan. I suggest you speak with an attorney who specializes in family law to discuss your options further. Good luck.
- Q. Im a dad my 12 year old daughter has been hit with her phone,punched repeatedly is this enough for me to get an attorney
- A: This question cannot be fully answered without more information. If there are allegations of physical abuse, and she does not want to live with her Mother, then you can file a complaint for modification with the Court seeking to obtain custody of her. I would suggest you also file a motion for the appointment of a Guardian Ad Litem to ascertain the parenting plan that it is your daughter's best interests. The GAL will likely interview your daughter and if she states she wants to live with you, it will help you obtain custody. I suggest you speak with an attorney who specializes in family law/child custody to discuss your options further. Good luck.
- Q. What happens directly after serving my spouse with divorce papers? Like the next step.
- A: This depends upon the circumstances of the case. If there are issues which require immediate resolution, the parties often exchange their Rule 410 mandatory disclosures, and attend what is called a temporary hearing to establish the orders which will be in place during the divorce. These can be orders relative to the payment of household expenses, child support, parenting time, etc. Rule 410 mandatory disclosures consist of tax returns, bank statements, etc. I suggest you speak with an attorney who specializes in divorce and/or family law to discuss your options further. Good luck.
- Q. If you have supervised visits with a minor child and the mother and father had words. Does the mother have the right to
- A: No. The Mother does not have the right to prevent you from having parenting time with the child simply because the two of you had an argument. If the Mother wants to modify the current parenting plan, she needs to obtain a court order. Otherwise, you can file a Complaint for Contempt if she continues to prevent you from having your parenting time with the child. I suggest you speak with an attorney who specializes in family law/child custody to discuss your options further. Good luck.
- Q. Ex-Husband is angry that I introduced my boyfriend to the kids. (He is not a danger to my kids and the kids like him.)
- A: If your boyfriend has no prior history which would make it unsafe for the children to be around him, then the fact that you introduced him to the children will not constitute a material and substantial change in circumstances warranting any modification of your parenting plan. I suggest you speak with an attorney who specializes in family law and/or child custody to discuss your options further. Good luck.
- Q. I requested a Judicial Review in regarding arrears. Can DOR take $ from my chck while this is still under review
- A: Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not respond to your answer. However, if he does not appear for scheduled court hearings etc., you can request a default judgment from the court. I suggest you speak with an attorney who specializes in family law to discuss your options further. Good luck.
- Q. I am in the process of a divorce in Ma. Our two homes are in my husbands name. Who gets them or how are they divided?
- A: The fact that the two homes are in your husband's name is irrelevant to your property division. However, if he purchased the homes prior to the marriage, or he can show that he made a significant pre-marital contribution to the homes, then he may be able to offset certain amounts from the property division. Under Massachusetts's law, a marriage is treated much like a business partnership, i.e. you will share the profits of the partnership (assets), and the losses of the partnership (debts). If you acquired two homes during your marriage, then you are entitled to one-half of the equity in those properties regardless of the fact that the properties are in your husband's name. I suggest you speak with an attorney that specializes in divorce and family law to discuss your options further. Good luck.
- Q. Can I file for divorce and upon being served, husband will move out? I am afraid of my spouse's reaction.
- A: You will need to file a Complaint for Divorce and a Motion for an Order to Vacate Marital Home. To get an immediate order directing your Husband to vacate the marital home, you will need to show that you and/or your daughter's health, safety, or welfare would be endangered if the Court did not immediately remove him from the home. He is entitled to at least three days' notice prior to the hearing. The Court can also enter a temporary order without notifying him, however, he will need to be notified after the order is made by the Court. Thereafter, your Husband is entitled to a hearing on whether the order should be vacated within five days after the order is made by the Court. In any event, I suggest you speak with an attorney who specializes in divorce and family law to discuss your options. Good luck.
- Q. divorced 6 years, ex lives in house I do not my name is on deed but not mortgage now demanding me to pay
- A: This answer to this question depends on the terms of your Divorce Decree. If your Decree states that he is solely responsible for these expenses, then he cannot force you to contribute. In contrast, if the Decree states that you are required to make some contribution to those expenses, then he can demand that contribution. You must also take into account the fact that a failure to timely pay these expenses may have an adverse impact on your credit. I suggest you speak with an attorney who specializes in divorce and family law to discuss your options further. Good luck.
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