Authorized professionals specializing within the dissolution of marriage inside the geographic boundaries of Haverhill, Massachusetts provide steering and illustration to people navigating the complexities of marital separation. These attorneys possess experience in household legislation, encompassing asset division, youngster custody preparations, and spousal assist negotiations. As an example, a resident of Haverhill considering divorce would seek the advice of with such a authorized skilled to know their rights and obligations beneath Massachusetts legislation.
Entry to certified authorized counsel specializing in divorce proceedings gives important benefits. These embody making certain equitable settlements, defending parental rights, and minimizing the emotional and monetary pressure related to the separation course of. Traditionally, authorized illustration in divorce instances has been very important in safeguarding weak events and upholding authorized precedents. The presence of native specialists permits for a deeper understanding of group sources and native courtroom procedures.
The next sections will discover key issues when choosing a authorized consultant, widespread challenges encountered throughout divorce proceedings, and sources accessible to people searching for assist and steering all through this course of inside the Haverhill space.
1. Native Courtroom Expertise
Native courtroom expertise is a crucial attribute for divorce attorneys working towards in Haverhill, Massachusetts. Familiarity with the precise judges, courtroom personnel, and established procedural norms inside the Haverhill District Courtroom and Essex County Probate and Household Courtroom considerably impacts the effectivity and effectiveness of authorized illustration. Attorneys with native expertise perceive the prevailing judicial attitudes in the direction of particular points, corresponding to youngster custody preparations or spousal assist calculations. This data permits them to tailor their authorized arguments and methods to resonate with the precise expectations of the courtroom.
As an example, a divorce lawyer unfamiliar with the standard timelines for case development inside the Haverhill courtroom system could inadvertently delay proceedings, doubtlessly rising authorized prices and emotional stress for the consumer. Conversely, a lawyer with native expertise can anticipate potential roadblocks, proactively put together essential documentation, and successfully navigate the courtroom’s established procedures, making certain a smoother and extra well timed decision. Moreover, familiarity with native professional witnesses, corresponding to appraisers or forensic accountants generally utilized in divorce instances, gives a definite benefit in constructing a robust case.
In abstract, native courtroom expertise represents a tangible and invaluable asset for divorce attorneys working in Haverhill. Its presence interprets into extra knowledgeable authorized methods, environment friendly case administration, and a higher probability of attaining favorable outcomes for purchasers navigating the complexities of divorce proceedings. The absence of such expertise can current important challenges and doubtlessly compromise the effectiveness of authorized illustration.
2. Household Legislation Experience
Household legislation experience constitutes a foundational pillar for divorce attorneys working towards in Haverhill, MA. The complexities inherent in marital dissolution necessitate a deep understanding of statutes, case legislation, and authorized precedents pertaining to home relations. The diploma of a lawyer’s proficiency on this space straight impacts their skill to successfully characterize purchasers and obtain favorable outcomes.
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Massachusetts Basic Legal guidelines Chapter 208
This chapter of Massachusetts legislation governs divorce proceedings. A lawyer’s detailed information of its provisions, together with grounds for divorce, residency necessities, and procedures for serving divorce papers, is paramount. For instance, precisely citing and decoding this chapter throughout courtroom hearings is crucial in establishing the authorized foundation for a consumer’s place.
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Baby Custody and Help Tips
Divorce attorneys should be adept at making use of the Massachusetts Baby Help Tips and navigating the complexities of kid custody determinations. These pointers make the most of a formulaic strategy to calculating youngster assist obligations, but additionally permit for deviations based mostly on particular circumstances. Understanding these nuances is essential for advocating for a good and equitable assist order. Equally, experience in custody legislation permits attorneys to current compelling arguments relating to the perfect pursuits of the kid.
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Property Division Beneath Massachusetts Legislation
Massachusetts is an equitable division state, that means marital belongings are divided pretty, although not essentially equally. Experience in property legislation is essential for figuring out, valuing, and dividing marital property, which might embody actual property, investments, retirement accounts, and enterprise pursuits. A lawyer’s skill to hint belongings, uncover hidden accounts, and current persuasive arguments relating to equitable distribution is crucial for safeguarding a consumer’s monetary pursuits.
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Alimony Concerns
Massachusetts legislation outlines a number of forms of alimony, every with particular standards for eligibility and period. A divorce lawyer’s experience in alimony legislation permits them to evaluate a consumer’s potential entitlement to or obligation for spousal assist. This contains analyzing components such because the size of the wedding, the incomes capability of every partner, and their contributions to the wedding. An intensive understanding of those components is crucial for negotiating a good and affordable alimony association.
The efficient software of household legislation experience is indispensable for divorce attorneys in Haverhill, MA. By mastering the authorized ideas and procedures governing divorce, these professionals can present invaluable steering and advocacy to purchasers navigating the difficult technique of marital dissolution. A lack of knowledge in any of those areas can considerably compromise a consumer’s authorized place and jeopardize their possibilities of attaining a good consequence.
3. Negotiation Expertise
Negotiation abilities characterize a cornerstone of efficient authorized illustration for divorce attorneys in Haverhill, MA. Marital dissolution typically entails complicated and emotionally charged points, requiring a lawyer to skillfully navigate contentious discussions relating to asset division, youngster custody, and assist obligations. The lawyer’s skill to barter successfully straight impacts the result of those discussions and, consequently, the monetary safety and parental rights of their consumer. A talented negotiator can typically attain amicable settlements outdoors of courtroom, thereby minimizing authorized prices and emotional misery for all events concerned. As an example, a lawyer adept at negotiation would possibly efficiently mediate an settlement relating to the sale of the marital residence, making certain each events obtain an equitable share of the proceeds with out the necessity for expensive and protracted litigation.
The choice to expert negotiation is commonly extended and costly litigation. When negotiation fails, the courtroom should in the end determine on issues of asset division, youngster custody, and assist. Courtroom choices are inherently unpredictable, and outcomes could not align with the consumer’s desired consequence. Furthermore, litigation can exacerbate animosity between divorcing events, notably when youngsters are concerned. A proficient negotiator, nonetheless, can discover inventive options and establish widespread floor, facilitating compromise and fostering a extra cooperative ambiance. Take into account a situation the place one partner needs to retain possession of a household enterprise. A talented negotiator would possibly suggest another association, corresponding to a structured payout over time, that satisfies the monetary wants of the opposite partner whereas preserving the enterprise’s operational integrity.
In conclusion, the capability to barter successfully is an indispensable attribute for divorce attorneys in Haverhill. It serves as a main mechanism for attaining favorable settlements, mitigating authorized prices, and decreasing the emotional burden related to divorce. The absence of robust negotiation abilities can result in protracted litigation, unpredictable outcomes, and elevated animosity, thereby underscoring its sensible significance within the context of marital dissolution inside the Haverhill, MA authorized panorama.
4. Mediation Proficiency
Mediation proficiency, because it pertains to divorce attorneys in Haverhill, MA, signifies a lawyer’s talent in facilitating constructive dialogue and negotiation between divorcing events with the intention of reaching a mutually acceptable settlement settlement outdoors of courtroom. This proficiency is a crucial part of a complete household legislation observe, providing a much less adversarial and doubtlessly less expensive various to conventional litigation.
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Facilitating Communication
Mediation-proficient attorneys act as impartial third events, guiding conversations and making certain every partner has a possibility to specific their considerations and views. They make use of lively listening and conflict-resolution strategies to de-escalate tensions and foster a extra collaborative atmosphere. For instance, a lawyer mediating a dispute over youngster custody would possibly assist mother and father establish their shared targets for his or her youngsters’s well-being after which work in the direction of a parenting plan that addresses these targets.
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Figuring out Widespread Floor
These authorized professionals excel at figuring out areas of settlement between divorcing spouses, even amidst important disagreements. By specializing in these commonalities, they will construct momentum and create a basis for resolving extra contentious points. In a divorce case involving complicated monetary belongings, a mediator would possibly assist the events agree on the worth of sure belongings earlier than tackling the tougher job of dividing them.
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Producing Artistic Options
Mediation encourages the exploration of inventive options that will not be accessible in a conventional courtroom setting. Attorneys with mediation abilities may help spouses brainstorm choices and develop custom-made agreements that deal with their distinctive wants and circumstances. As an example, in a state of affairs the place one partner requires momentary monetary assist to change into self-sufficient, the mediator may assist develop a plan for transitional alimony that progressively decreases over time.
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Drafting Complete Agreements
A attorneys mediation proficiency extends to the meticulous drafting of legally binding settlement agreements that mirror the phrases agreed upon throughout mediation. These agreements should be clear, complete, and enforceable to forestall future disputes. The mediation-proficient divorce lawyer in Haverhill will be certain that the settlement adheres to all related authorized necessities, protecting areas corresponding to property division, youngster custody, and spousal assist with exact and unambiguous language.
In Haverhill, MA, divorce attorneys who possess robust mediation abilities provide a invaluable service to {couples} searching for a extra amicable and managed dissolution course of. Their skill to facilitate communication, establish widespread floor, generate inventive options, and draft complete agreements can considerably scale back the stress and expense related to divorce, whereas empowering purchasers to make knowledgeable choices about their future.
5. Custody Disputes
Custody disputes, inside the context of divorce proceedings in Haverhill, MA, continuously necessitate the involvement of authorized counsel. These disputes, arising from disagreements relating to the care, management, and residence of minor youngsters, typically change into probably the most contentious facets of a divorce. A main trigger stems from differing parental philosophies, relocation plans, or considerations a few mum or dad’s health. The presence of such a dispute straight impacts the demand for specialised authorized providers, highlighting the significance of household legislation experience inside the pool of divorce attorneys in Haverhill. For instance, if one mum or dad intends to maneuver out of state with the kids, the opposite mum or dad could contest this relocation, initiating a custody battle that requires authorized intervention to find out the kids’s finest pursuits.
The experience of divorce attorneys in Haverhill, MA, is essential in navigating the complexities of custody disputes. These authorized professionals collect proof, current arguments based mostly on Massachusetts legislation, and advocate for his or her consumer’s place relating to parenting plans, visitation schedules, and authorized custody preparations. Furthermore, they typically work with specialists corresponding to youngster psychologists or social employees to supply assessments and suggestions to the courtroom. The sensible significance lies within the lawyer’s skill to current a compelling case that prioritizes the well-being of the kids, whereas additionally defending the rights of their consumer as a mum or dad. With out competent authorized illustration, people dealing with custody disputes could discover themselves at a drawback, doubtlessly resulting in unfavorable outcomes regarding their relationship with their youngsters.
In abstract, custody disputes are a big driver for people in Haverhill, MA, to hunt the providers of divorce attorneys. The decision of those disputes requires an intensive understanding of household legislation, adept negotiation abilities, and the power to current a persuasive case in courtroom. The challenges inherent in custody battles underscore the significance of choosing a certified and skilled authorized skilled who can successfully advocate for his or her consumer’s parental rights and, above all, guarantee the absolute best consequence for the kids concerned.
6. Asset Division
Asset division is a crucial side of divorce proceedings in Haverhill, MA, necessitating the experience of authorized professionals. The honest and equitable distribution of marital property, accrued throughout the course of the wedding, requires an intensive understanding of Massachusetts legislation and meticulous consideration to element. Attorneys specializing in divorce in Haverhill play a vital position in figuring out, valuing, and dividing these belongings, making certain that their purchasers obtain a simply settlement.
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Identification and Valuation of Marital Property
A main duty of divorce attorneys is to comprehensively establish all belongings acquired throughout the marriage, no matter how they’re titled. This encompasses actual property, financial institution accounts, funding portfolios, retirement funds, and private property. Correct valuation is then important, typically requiring the involvement of appraisers or forensic accountants. For instance, a lawyer would possibly have interaction an actual property appraiser to find out the honest market worth of the marital residence or a monetary professional to evaluate the worth of complicated inventory choices. The implications are important, because the decided worth straight impacts the general distribution of wealth between the divorcing events.
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Software of Equitable Distribution Ideas
Massachusetts follows the precept of equitable distribution, that means that marital belongings are divided pretty, although not essentially equally. Divorce attorneys in Haverhill should advocate for a distribution that’s simply and affordable, contemplating components such because the size of the wedding, the contributions of every partner (each monetary and non-financial), and the financial circumstances of every occasion after the divorce. For instance, a lawyer would possibly argue for a bigger share of the belongings for a partner who sacrificed profession alternatives to lift youngsters or assist the opposite partner’s skilled development. The authorized rationale and persuasive arguments offered by the lawyer straight influence the courtroom’s determination relating to the distribution of belongings.
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Division of Retirement Accounts
Retirement accounts, corresponding to 401(ok)s and pensions, typically represent a good portion of marital belongings. Dividing these accounts sometimes requires a Certified Home Relations Order (QDRO), a specialised authorized doc that instructs the plan administrator to distribute a portion of the account to the non-employee partner. Divorce attorneys in Haverhill should be proficient in drafting and implementing QDROs to make sure that their purchasers obtain their entitled share of retirement advantages. Failure to correctly deal with retirement account division can have extreme long-term monetary penalties for each events.
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Dealing with Advanced Property and Enterprise Pursuits
When a divorce entails complicated belongings, corresponding to enterprise pursuits or important funding portfolios, the experience of a divorce lawyer turns into much more crucial. These belongings typically require specialised valuation and should current distinctive challenges relating to division. For instance, figuring out the worth of a intently held enterprise could require forensic accounting and enterprise valuation experience. Divorce attorneys in Haverhill with expertise in these issues can navigate these complexities, shield their consumer’s monetary pursuits, and guarantee a good and equitable decision.
In conclusion, asset division represents a posh and consequential aspect of divorce proceedings. The complexities described underscore the worth that divorce attorneys in Haverhill MA. convey to bear upon every case, making certain equitable division and simply settlements.
7. Help Orders
Help orders, legally mandated monetary obligations sometimes arising from divorce or separation proceedings, set up the monetary obligations of 1 occasion in the direction of one other. In Haverhill, Massachusetts, divorce attorneys play a vital position within the institution, modification, and enforcement of those orders, making certain compliance with Massachusetts legislation and addressing the distinctive monetary circumstances of every case.
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Preliminary Institution of Help Orders
Divorce attorneys in Haverhill, MA, are instrumental in securing preliminary assist orders throughout divorce proceedings. These orders could embody youngster assist, designed to cowl the bills related to elevating a minor youngster, and spousal assist (alimony), meant to supply monetary help to a partner following the dissolution of the wedding. Attorneys current proof of earnings, bills, and different related monetary components to the courtroom, advocating for a assist order that aligns with their consumer’s wants and the relevant authorized pointers. As an example, a lawyer could current documentation demonstrating the non-custodial mum or dad’s earnings and the custodial mum or dad’s bills to calculate an acceptable youngster assist quantity in response to the Massachusetts Baby Help Tips.
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Modification of Help Orders
Help orders should not static and could also be topic to modification if there’s a substantial change in circumstances. Divorce attorneys in Haverhill help purchasers in searching for modifications to assist orders as a consequence of occasions corresponding to job loss, important earnings adjustments, remarriage, or adjustments within the wants of the kid. Attorneys collect proof to reveal the change in circumstances and current arguments to the courtroom as to why a modification is warranted. For instance, if the paying mum or dad experiences a big lower in earnings as a consequence of an involuntary job loss, a lawyer can petition the courtroom to scale back the assist obligation to mirror the altered monetary state of affairs.
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Enforcement of Help Orders
When a celebration fails to adjust to a assist order, divorce attorneys in Haverhill present authorized illustration to implement the order. This will contain submitting contempt actions in courtroom, searching for wage garnishment, or pursuing different authorized treatments to compel the non-compliant occasion to satisfy their monetary obligations. Attorneys current proof of non-payment and advocate for acceptable sanctions, corresponding to fines, imprisonment, or suspension of licenses. For instance, if a mum or dad persistently fails to pay court-ordered youngster assist, a lawyer can provoke authorized proceedings to garnish their wages or seize their belongings to fulfill the excellent debt.
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Interstate Help Issues
Divorce attorneys in Haverhill typically deal with assist instances that contain events residing in several states. Beneath the Uniform Interstate Household Help Act (UIFSA), attorneys navigate the complexities of building, modifying, and implementing assist orders throughout state traces. This requires familiarity with the legal guidelines of a number of jurisdictions and coordination with authorized professionals in different states. For instance, if the paying mum or dad strikes to a different state, a lawyer in Haverhill can work with a lawyer within the new state to make sure that the assist order is correctly registered and enforced within the new jurisdiction.
The multifaceted position of divorce attorneys in Haverhill regarding assist orders underscores their significance in safeguarding the monetary well-being of people and households affected by divorce. Their experience in navigating the authorized complexities, advocating for his or her consumer’s pursuits, and implementing compliance with courtroom orders is crucial for making certain a good and equitable consequence in these delicate issues.
8. Payment Constructions
The monetary preparations between purchasers and divorce attorneys in Haverhill, MA, are delineated by varied price constructions, which straight affect accessibility and affordability of authorized illustration. These constructions can vary from hourly billing to fastened charges, retainer agreements, and contingency charges (although the latter is usually prohibited in divorce instances involving alimony or property division in Massachusetts). The chosen construction displays the complexity of the case, the lawyer’s expertise, and the anticipated time dedication. For instance, a simple, uncontested divorce could also be appropriate for a fixed-fee association, providing the consumer predictability. Conversely, a extremely contested divorce involving complicated asset division or youngster custody disputes doubtless necessitates hourly billing, reflecting the unpredictable nature of the authorized work required. The transparency and readability of those price preparations are essential to a constructive attorney-client relationship, mitigating potential monetary surprises and fostering belief.
The choice of an acceptable price construction ought to be a collaborative course of, involving open communication between the lawyer and the consumer. A lawyer in Haverhill ought to clearly clarify the totally different choices accessible, outlining the benefits and downsides of every in relation to the consumer’s particular circumstances. As an example, a retainer settlement, the place a consumer pays a lump sum upfront that’s then drawn down in opposition to hourly fees, could also be appropriate for purchasers anticipating important authorized work however favor to finances the expense. The supply of various price constructions permits people with various monetary sources to entry authorized illustration. Nonetheless, it’s crucial that purchasers completely evaluation the engagement settlement, paying shut consideration to the hourly charges, billing increments, and any extra prices, corresponding to submitting charges or professional witness bills. Failure to know the price construction can result in monetary pressure and dissatisfaction with the authorized providers supplied.
In conclusion, the price construction adopted by divorce attorneys in Haverhill, MA, is a key determinant of the accessibility and affordability of authorized illustration. The variety in price choices permits for some flexibility in assembly consumer wants, however transparency and readability within the price settlement are very important to managing consumer expectations and sustaining a constructive attorney-client relationship. Understanding the implications of various price constructions empowers purchasers to make knowledgeable choices about their authorized illustration, aligning the price of authorized providers with their particular person monetary circumstances and the complexity of their divorce case.
Ceaselessly Requested Questions Concerning Divorce Attorneys in Haverhill, MA
This part addresses widespread inquiries in regards to the position and choice of authorized illustration in divorce proceedings inside the Haverhill, Massachusetts, space. The knowledge supplied goals to supply readability and steering to people navigating this complicated authorized course of.
Query 1: What are the grounds for divorce in Massachusetts?
Massachusetts acknowledges each “no-fault” and “fault” grounds for divorce. A “no-fault” divorce may be granted based mostly on an irretrievable breakdown of the wedding. “Fault” grounds embody adultery, desertion, gross and confirmed habits of intoxication, merciless and abusive therapy, and non-support.
Query 2: How is property divided in a Massachusetts divorce?
Massachusetts follows the precept of equitable distribution. Marital property is split pretty, although not essentially equally. Elements thought-about embody the size of the wedding, contributions of every partner, and financial circumstances.
Query 3: How is youngster assist calculated in Massachusetts?
Baby assist is set utilizing the Massachusetts Baby Help Tips. These pointers contemplate the earnings of each mother and father, childcare prices, and medical health insurance bills.
Query 4: What components does the courtroom contemplate when figuring out youngster custody?
The paramount concern is the perfect pursuits of the kid. Elements thought-about embody the kid’s relationship with every mum or dad, the power of every mum or dad to supply care, and the kid’s choice (if of enough age and maturity).
Query 5: Is alimony all the time awarded in a divorce?
Alimony will not be robotically awarded. The courtroom considers components such because the size of the wedding, the financial circumstances of every partner, and the conduct of the events throughout the marriage.
Query 6: How a lot does it price to rent a divorce lawyer in Haverhill, MA?
Authorized charges fluctuate relying on the complexity of the case and the legal professional’s expertise. Payment constructions can embody hourly billing, fastened charges, and retainer agreements. Session with a divorce lawyer is really useful to acquire a selected estimate.
Navigating divorce proceedings requires cautious consideration of particular person circumstances and relevant authorized ideas. Consulting with a certified divorce lawyer is advisable to make sure that one’s rights are protected.
The next part will talk about accessible sources and assist methods for people present process divorce within the Haverhill, MA space.
Important Steerage from Divorce Attorneys in Haverhill, MA
People considering or present process divorce in Haverhill, Massachusetts, profit from understanding sure essential facets of the authorized course of. Adhering to those pointers can considerably influence the result of the proceedings.
Tip 1: Safe all Monetary Data: Complete documentation of all belongings and liabilities is paramount. Accumulate financial institution statements, funding information, tax returns, and actual property deeds. This info types the idea for equitable asset division.
Tip 2: Doc Marital Historical past: Preserve an in depth journal documenting important occasions throughout the marriage, notably these related to grounds for divorce or custody preparations. This file serves as a invaluable reference for authorized counsel.
Tip 3: Receive Authorized Counsel Early: Session with a certified divorce lawyer in Haverhill, MA, on the outset of the method is essential. Early authorized recommendation can forestall missteps and guarantee knowledgeable decision-making.
Tip 4: Prioritize Baby Properly-being: When youngsters are concerned, prioritize their emotional and bodily well-being. Reduce battle and deal with co-parenting methods that promote stability.
Tip 5: Be Clear with Authorized Counsel: Honesty and transparency with authorized counsel are important for efficient illustration. Withholding info can undermine the lawyer’s skill to construct a robust case.
Tip 6: Perceive Authorized Choices: Familiarize oneself with accessible authorized choices, together with mediation, collaborative divorce, and litigation. Every strategy gives distinct benefits and downsides.
Tip 7: Management Social Media Exercise: Train warning relating to social media exercise. Posts and feedback can be utilized as proof in courtroom proceedings.
Following the following tips can facilitate a extra environment friendly and equitable divorce course of. Prioritizing preparation, transparency, and the well-being of kids is crucial.
The ultimate part will discover accessible sources and assist methods to assist people navigate the complexities of divorce and transition in the direction of a brand new chapter of their lives.
Conclusion
This exploration has illuminated key issues for people searching for authorized illustration throughout divorce proceedings in Haverhill, MA. The experience of divorce attorneys in Haverhill MA encompasses navigating native courtroom procedures, possessing proficiency in household legislation, using efficient negotiation abilities, and understanding varied price constructions. The selection of authorized counsel considerably impacts the result of divorce instances, influencing asset division, youngster custody preparations, and assist orders.
The complexities of divorce necessitate knowledgeable decision-making. Engagement with certified authorized professionals and the utilization of accessible sources are crucial steps in defending particular person rights and making certain a good and equitable decision. People dealing with divorce in Haverhill, MA, are inspired to completely analysis their authorized choices and search complete steering from skilled divorce attorneys in Haverhill MA.
