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.

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 and represented them well, and 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.

• Free Consultation
• Credit Cards Accepted
• 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

Since 2012

US District Court, District of Massachusetts

ID Number: 685672

Since 2018

New England Law | Boston

J.D. (2012)

2008 - 2012

University of Massachusetts - Amherst

MBA (2008)

2006 - 2008

Rising Star

Super Lawyers

2022

Certified Financial Litigator

AACFL

2021

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

2021

Rising Star

Super Lawyers

2020

Top 10 Family Law Attorney

Attorney and Practice Magazine

2019

State Bar of Massachusetts

Member

Current

Massachusetts Bar Association

Current

Worcester County Bar Association

Current

Q. I’m currently paying child support monthly and my son lives with me full time Cory made it a hassle to stop amicably

January 24, 2025

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

Q. Can I file a complaint for contempt in MA for child support without legal representation?

January 17, 2025

A: You can absolutely file for contempt without an attorney. A Complaint for Contempt is on the easier end of the spectrum compared to other types of cases in Probate & Family Court because the issues tend to be pretty discrete.

You will first need to show that there was an order in effect that required the other party to do something (like pay child support). That tends to be pretty easy, especially if the order is simple and clear. Next, you will need to show that the other party violated the order. If you say the other party failed to pay child support, the judge would likely look to them to show some evidence that they did make payment according to the order. If your child support is managed by the Department of Revenue, it should be easy to show the payment history and the past due amount. Finally, to be found in contempt, the judge has to find that the other party has the ability to comply. This sometimes gets murky, but it almost always requires more than someone saying they just can't afford to pay to avoid being found in contempt.

Judges expect their orders to be followed. Generally, judges tend to be patient with people who represent themselves and ask questions to get the relevant information they need to review a contempt action. If you are respectful, prepare in advance, and stick to the issues you identified when you filed the contempt, you will put yourself in a good position. Don't worry too much about the burden of proof, just be prepared to show the judge what the other party failed to do. That can be through your own words, copies of emails or text messages, payment history, or anything else that helps the judge understand exactly what the other party failed to do. Finally, keep it simple. Don't expect the judge to review a stack of papers. Though a judge could choose to do that, it is very unlikely. Stick to the most basic evidence you have and don't overwhelm the judge with every text message you exchanged with the other party over the last 5 years. ... Read More

Q. How can I get ex-husband off my mortgage and deed in MA?

November 5, 2024

A: This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing the mortgage or assuming the mortgage (which means you would take full responsibility for repayment and your ex-husband would be released from liability).

Your ex-husband will need to sign a quitclaim deed transferring all of his interests in the property to you. Most of the time, this should be done at the time of the assumption or refinance. If refinancing, this can likely be done by the closing attorney as part of the refinance process. ... Read More