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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce for Massachusetts on
Q: Why is a divorce case "active" after 10 years?
Brian Waller
Brian Waller
answered on Dec 6, 2022

Most likely it is just an error by the registry unless there has been a recent filing. You could contact the registry for the county where the divorce occurred and ask them to close it, but probably not worth the effort as there is no consequence to the "active" designation if there is no... Read more »

1 Answer | Asked in Child Custody, Family Law and Divorce for Massachusetts on
Q: Followup on my previous question, regarding my daughter trying to get custody or more visitation time.

She was granted attorneys fees of $5,000, but husband refuses to pay, charged with contempt, got an extension to pay, contempt charges filed again, pending. He was supposed to pay her a min amount for reestablishment, refused. She only gets sons on weekend, agreement is she has to take them to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 15, 2022

She needs to continue to pursue the Contempt and sounds like there are more issues where a Contempt may lie, so try to obtain counsel!!

1 Answer | Asked in Divorce for Massachusetts on
Q: Can I make a correction to my testimony in my divorce?

My husband said I put $50,000 in his IRA and I agreed with him in court but I only put $25,000 - I put $50,000 in our iras combined - is there a way I can tell the judge this - I am able to prove it - my laywer says no but that seems unfair

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 18, 2022

So was this at the divorce trial? If the trial is ongoing then I believe if requested by the parties they can jointly amend the record by stipulation or Motion as you apparently answered a question too quickly!! Perhaps a Motion to seek correction of testimony would work. If the trial is over and... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Parties agree to contribute to child's educational expenses ~according to their respective abilities at the time."

Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 17, 2022

A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Would I have a good chance of being awarded our house if I divorce him?

My husband lost his job 7 years ago and has not worked since. I am disabled and have been paying all of the bills. He applied for early retirement at 55 (he is now 57) and only gets $600 a month. He pays for gas for the car, that's it. A few months after he lost his job we were behind on our... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 17, 2022

If these are the facts, then you have am argument to make to the Court that the equities are on your side of the balance sheet, but you should engage a divorce attorney and not try to present this information yourself. Divorce is not a paint by the numbers or press the lever and get the outcome... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: If a form needs to be notarized and I need to have 3 copies of it, do I need to pay a notary to sign all 3 copies?

Filing jointly for a divorce in Massachusetts. Both the Separation Agreement and Financial Statement forms need to be notarized. I was told I'd need 3 copies of each form which begs the question, does each copy have to be notarized or can I just get one notarized and photocopy it twice?... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 12, 2022

You need the three originals as the Court has one on file and each party has an original.

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi Mr. lowyer I want asking, I married my husband in Jordan country then I came back to Boston I received a massage

The massage said he loves another woman from Jordan and he married me just to come to Boston then he will divorce me after he comes to Boston, so I want divorce him because he cheated me and lying on me. Please if you can respond my massage and help me to divorce him .

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 27, 2022

If you and husband never lived together in Massachusetts then you may still be able to divorce him in Jordan depending upon its laws on the subject.

1 Answer | Asked in Divorce for Massachusetts on
Q: How is the actual duration of marriage duration calculated?

How is the actual duration of marriage duration calculated?

Brian Waller
Brian Waller
answered on Sep 21, 2022

Unfortunately, it depends. For purposes of alimony, the duration of marriage is calculated as the date of marriage through the date of service of the Complaint for Divorce. So, if your ex-spouse filed on March 19, 2021, it would be whatever date after that you were actually served with the divorce... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: I got served divorce papers an never responded. Never new when court was he got awarded everything. Can it be changed?

He never told me when court was never knew. He got the house an full custody. He never told me. I found out I was legally divorced because I got kicked off his insurance. Can anything be changed with my property?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2022

Why did you not respond? Were you in the hospital the entire time??

1 Answer | Asked in Divorce for Massachusetts on
Q: Are the spouses of the divorce permitted to cancel the case prior to the final trial or select the broker?

In this case, both lawyers decided to sell the property (house), and select the broker. They agreed to give the spouses 5% of the house value to get an apartment and keep the remainder in escrow until the case is finalized because the spouses disagree on the percentage split. Will the escrow... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2022

You would need to notify your counsel that this deal may not be viable due to the lack of income for an apartment and you have not stated what State you are in so the laws of that State are applicable with regard to child support and alimony.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Can I deny my wife's request for an increase in child support since we are still married and do not have a court order?

I am married, but have been separated from my wife for 15 years. We have two children together, so I have been paying child support per a verbal agreement between my wife & I. She has raised my payments many times over the years any time her rent increased. Now, both children are over 18 and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 30, 2022

You are not under any Court Order and there is no proceeding pending in any Court correct? Then everything you have done is voluntary and the longer you stay married the more complicated your divorce get!!! If you die then she is your heir!!! Get a lawyer contact pro bono law school programs.

1 Answer | Asked in Divorce for Massachusetts on
Q: During separation, Is my soon to be ex able to cash/deposit the proceeds from the sale of our home without my consent.

My wife of 30 years and I are getting a divorce. Mediation broke down and we are currently selling our house. She wants more than 50%. Without a mediation agreement in place, is she able to deposit or cash the check without my signature? I live out of state? I hope to have a mediation agreement in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 22, 2022

You and wife were living in Massachusetts correct? This is what I am assuming. Are you on the Deed? If there is no divorce complaint on file with the Probate Court, the closing attorney would make the check payable to the title holder. Your filing and serving a divorce complaint and summons on your... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi am trying to find legal counseling for divorce
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 4, 2022

It would be helpful if you were to indicate what county you and spouse have been living in.

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: How do I go about getting an expedited contempt hearing?

My ex has primary custody of our kids. They live in filth and squalor, sleeping in beds with moldy food, used tampons, etc. I have video and photographic evidence, along with my ex admitting to the conditions in text messages, asking me to help clean, and stating, "I can't put all my time... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2022

It does sound like neglect from your description of the children's living situation and the DCF can be contacted to investigate. They will know a divorce is pending and that you are a party. Is this a new distinguishable state of affairs in the household ? One of the questions that will be... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Do both parties have to be present when notarizing the divorce paperwork? Can it be done separately?

I want to get my signature notarized then mail the paperwork to my ex and have her do it separately. Is this possible or must we both do it together simultaneously?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2022

Yes, this works. You don't need to be in the same room as wife and can use different notaries.

1 Answer | Asked in Divorce for Massachusetts on
Q: What does judgment of dismissal means after filing a joint petition for divorce.
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 19, 2022

Your Joint Petition did not successfully go forward when heard by the Judge, hence no divorce . You should engage divorce counsel to see what was deficient or inequitable about your Separation Agreement attempt. Perhaps there was also deficiency in the documentation , e.g, Financial Statements or... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi I have been married for 6 years and i was wondering if i qualify for alimony.
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 18, 2022

Any alimony would be for 60% of the period of the marriage, so for about 43 months but the issue is ability to pay and income differential and you have not stated whether there ae any children as child support is the first consideration and effects alimony. There are also types of alimony to... Read more »

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: If I have property in Puerto Rico, will it be part of division in divorce filing, if you have jurisdiction in PR?

I live w/ my son in MA and my husband lives in PR, in our property. Can I get a divorce in MA, which doesn't include the property in Puerto Rico. How long can the divorce process take?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 4, 2022

Has husband lived in Massachusetts at all? If he never had any contacts with Massachusetts it would probably be better to contact a domestic relations practitioner there.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Massachusetts on
Q: Hello I'm searching for answers to questions relating to divorce, disability and what constitutes neglect or a crime

I'm disabled

Epipsy, PTSD and severe panic disorder.

After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 28, 2022

It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is my ex husband responsible for child support from the time of the order or from the time DOR gets involved?

We got an order back in January. I had no idea that I had to apply for services through the DOR, I thought they just kind of did their thing. Now I finally have the DOR involved, but they said they’re only responsible from now on. Does he still owe from the 14 weeks since the order was made? Or... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 19, 2022

Yes, he owes the 14 weeks during which he neither paid MDOR nor you. You may use the MDOR to proceed with a Contempt to enforce the back child support order/calculate the arrears. You will need to complete their application for same.

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