Assuming you are talking about divorce, "filing a complaint" is not enough to get what you call "answers" and the Rules call "Defendant's Answer".
Have you received and served, according to the Rules, a Summons?
It looks like you are not prepared... Read more »
My husband wanted to give me the house outright and keep all his pensions/retirement accounts and not pay alimony. It was a 24 year marriage. His lawyer said that a judge would not do that. Can a judge block an agreement if both parties agree to it.
Yes. It is not unusual for a judge to reject a division of assets, especially when the parties or a party is not represented by an attorney.
It looks like you do not have an attorney and it is clear from your question you do not understand the process a judge must go through to approve a... Read more »
My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?
Your question: "My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?"
Based only on what you write, none.
The party was due in court on 4/3/20. However, due to the virus the court held a phone conference. The party did not phone in. He is due back in court on the 15th of May, providing the courts are in session. Should I attempt to have him served again and do I just have to pay the Sheriff's... Read more »
Since I do not know what you mean by filed. I will assume that you filed in the correct Court some document. Your next step is to call or email the court give them your docket number and ask what is the next step. There is no value in my trying to guess exactly where you are at. Good luck
With respect your question suggests you know nothing about Massachusetts divorce. You may want to consult with a divorce attorney, at least on a Limited Assistance Basis, to avoid delay.
I do not know what you mean by ‘financial documents”, however, at all divorce hearings each party... Read more »
has agreed to waive. How do we do this given I live in MA and he's currently residing in China teaching?
Your question says, “How do we do this”.
I am not sure what “this” is. Are you asking about the emancipations of your children or the formalizing of the arrearage release?
I will assume you are asking about the release. You and he can file a Joint Petition to Change a... Read more »
It’s been 7 years since I moved. My 18 yr old has visited multiple times. My 9 & 11 yr old are not allowed. I’ve visited 2X but have regular communication with them unless my ex gets mad.
You may file for parenting time with your two young children in the Family Court. Your wife is wrong. Your 18 year old may visit you whenever; he is an adult.
I have a court order that says child primarily stays with mom in NC and I have parenting time in MA every month. I am receiving a child support notice from grandparent claiming child is living with her.
Yes, you may.
I need legal help to stop paying my ex alimony ?
Is your question: Do I need legal help to stop paying alimony? Sounds as if you do, based on what you have written. An attorney will file a Complaint for Modification with the court. The modification will seek to reduce your alimony... Read more »
This is not a form of employment. This income is tax-free. Not sure if I need to report on financial form or if reporting so makes any difference.
Yes you do. All income is to be reported.
For the definition of income for ALL support issues Google:
" Current CHILD SUPPORT GUIDELINES as amended June 15, 2018, I. Income Definition, A. Sources of Income
The time it takes to get “through” the Mediation Process initially depends on whether or not each party returns a properly completed Probate and Family Court Financial Statement. The Mediator needs a correct Financial Statement for many reasons. An insufficient Statement causes delay and... Read more »
I'm a US citizen and my fiance has dual citizenship in the US and Germany. Were planning on living in Germany after we marry.
Divorce attorneys prepare prenuptial agreements. Expect to pay about $500.00 assuming the two of you are in complete agreement as to the contents of the agreement and you complete the intake forms as instructed by the attorney. Since you can’t have the same attorney, one of you will have the... Read more »
2 are 18 and our smallest is 17. I would like to put the divorce for being an adulterer. I need guidance and help. I live in Massachusetts
Jackie,
You have the right to file a divorce based on adultery, however it is not wise to do so for several reasons. Irretrievable breakdown is the suggested approach.
I would be happy to work with you on your getting a divorce quickly and for the least expense.
I am LAR... Read more »
My daughter and her husband cannot afford a lawyer to get divorced. They spent $300. to get all the paperwork together from online. They went to file the papers in Fall River, MA and needed to go to classes about their child. That is done. They just want someone to review the paperwork to make... Read more »
I would review the documents ONE of them asks me to review. I cannot work for both parties.
I will only review the documents submitted and will only answer the questions asked.
My fee will be billed at $375.00 per hour with a minimum of one hour.
Your daughter or son-in-law may call my office.
After several months you will receive a Pre-Trial Notice. Follow the instructions to a T.
Are orders issued for the "pendency of the divorce" in effect through the 90 day nisi period in Mass?
No. The divorce is no longer in "pendency".
Do I need to wait the 120 days til its final? What paperwork do I need for Social Security?
From your question I assume that at your divorce hearing you asked for and the judge approved your request to resume your maiden name.
Under Massachusetts law you may start using your new name whenever you want.
It is a simple process to change your name with Social Security, check... Read more »
Yes, you should continue to pay the child support order until you file a motion for modification to change a temporary order for child support. If the child support order is the result of a judgement you must file a complaint for modification to change the Judgment providing for child support.
-My wife has no involvement/stake in the company at all.
-What method of company valuation should be used if there are only expenses so far and no income from business?
-I have not used a single cent of marital funds for the business.
-After the settlement, will my spouse... Read more »
I agree with Lillian.
Having filed the divorce without the necessary prep work, which is obvious from your question, is a negative you must overcome with the advice of experienced counsel.
Keep in mind the basis of all property division is that All property owned by any spouse is... Read more »
My father's estate has been in probate for three years. Two of my sisters were assigned as executors of his will. One of my other sisters wasn't happy that it was taking so long so she threatened the sister in the no. 2 chair to sign her executor power over to her or she'll take her... Read more »
You have the right to go to the Probate Court that is handling your father's estate. You were told the name of the Probate Court when your sister notified you as a result of filing your father's will for probate. Since you use the term executor, a term no longer used, it had to be as a... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
