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Brian Waller

Brian Waller

Turco Legal, P.C.
  • Divorce, Family Law, Domestic Violence ...
  • Massachusetts
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5.0/5.0
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5.0/5.0
Akosua Agyepong
Akosua Agyepong June 11, 2020
Rating: 10 Lawyer Rating - 10 out of 10
Attorney Waller is diligent, empathetic towards clients, dedicated to his work and clients, and makes it a goal to achieve the best possible outcome for his clients.
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Biography

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.

In most situations, 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 if they need to return to court. If they have a great experience working with us, feel like we understood their goals, 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.

Practice Areas
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
Appeals & Appellate
Civil Appeals
Video Conferencing
  • Google Meet
  • Zoom
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Massachusetts
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US District Court, District of Massachusetts
ID Number: 685672
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Languages
  • English: Spoken, Written
Professional Experience
Senior Attorney
Turco Legal, P.C.
- Current
Education
New England Law | Boston
J.D. (2012)
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University of Massachusetts - Amherst
MBA (2008)
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Awards
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
Rising Star
Super Lawyers
Top 10 Family Law Attorney
Attorney and Practice Magazine
Professional Associations
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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Certifications
Certified Financial Litigator
AACFL
Websites & Blogs
Website
Turco Legal, P.C. website
Legal Answers
57 Questions Answered
Q. Seeking attorney to appeal family law judgment due to perceived bias and improper evidence consideration.
A: Family law appeals are an uphill battle and the majority of appeals are unsuccessful. Judges have tremendous discretion in deciding issues, and reviewing courts (like the Appeals Court) defer to the judge's determinations regarding credibility of the parties. A reviewing court will almost never second-guess a judge's decision to put more weight on certain evidence (including testimony), since the judge was in the best position to observe the demeanor of the parties.

If the argument is that the judge abused their discretion by deciding something that had evidence supporting each side of the issue, that is almost certain to fail. Most successful family law appeals involve the judge making an error in interpreting the law or applying the law incorrectly. A discretionary decision by a judge is almost always upheld unless it is unsupported by the record or goes against the judge's other findings.

It sounds like you would be raising a due process issue with how the hearing was conducted. Judges also have discretion in how they manage hearings and either admit or deny admission of evidence. There are minimum due process requirements, but if the outcome would have likely been the same either way, it may not be a winning argument.

I am not trying to dissuade you (or anyone) from pursuing an appeal of a family law case, however, if the argument amounts to dissatisfaction with the outcome and there was no error on the part of the judge, it is really tough to have a decision reversed on appeal.
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Q. How can a pro se def. appealing a 209A order in MA serve the plaintiff with the Notice of Appeal w/o violating the 209A?
A: You can contact the court that issued the restraining order and ask them to serve the Plaintiff. You are right to approach this with caution, it could be a violation of the 209A order. If you were to be represented by counsel, the attorney could serve the plaintiff without violating the 209A order. You mentioned that you are pro se, so that likely doesn't help you.

The Appeals Court recently held that it was not a violation of a 258E harassment order (which are often analogous to 209A orders) for the defendant to make an electronic payment to the plaintiff (without any other commentary or emojis). I would highly recommend that you do not serve the plaintiff directly in any event, and seek assistance from the clerk's office. ... Read More
Q. I’m currently paying child support monthly and my son lives with me full time Cory made it a hassle to stop amicably
A: You should file a Complaint for Modification with the court ASAP. You can ask for child support to be adjusted retroactively, but the court can only go back to the date that the other party was served with the summons on your Complaint for Modification. If you go to the courthouse and ask for the forms to modify child support, they will give you what you need to fill out. It will be helpful if you bring a copy of your current court order with you for reference.

After you file the documents, a summons will be issued, and you have to take the summons to a sheriff or constable to serve it on the mom. Once the summons is served and returned to the court, the court will schedule a hearing, and you can ask the court to adjust child support retroactively.

Depending on the amount of child support, it might be worth hiring an attorney who can get it filed quickly and guide you through the process. The sooner you get something filed, the better.
... Read More
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US
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