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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Do two party consent laws prevent someone from recording someone else in their own home if both people live there?

Regards video and audio recording. Is there an exception for possible domestic abuse scenario

Brian Waller
Brian Waller
answered on Oct 23, 2024

There can definitely be consequences for recording someone without their consent.

While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as...
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0 Answers | Asked in Child Support and Divorce for Massachusetts on
Q: I need to know if I have any standing for having my divorce agreement reversed or for a malpractice suit.

My ex is entitled to 50% of the sale proceeds of our home and 50% of 10 years of my pension. I found out months later that she is also entitled to my entire pension after I pass away even though I have children that I would rather get my pension. My lawyer failed to point out this key fact. She... View More

0 Answers | Asked in Divorce for Massachusetts on
Q: Hi I am wondering if a spouse has a addiction problem will this affect financially during the divorce.

Can I end up getting nothing at all

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I am 71 yrs old. Need to get a Quadro filed to get the pension from ex spouse. I am on SS ,my only income. Please help.

The pension was not mentioned at time of divorce by ex spouse or the lawyer.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

Good morning. I strongly suggest you contact our office and discuss getting this done, what's involved, and what it may cost 508-828-1900. Ty!

1 Answer | Asked in Divorce, Immigration Law and Family Law for Massachusetts on
Q: Good Morning, I’m an Asian transwoman that just moved in Boston. Are there any divorce lawyers that can help me?

My husband, well, soon-to-be ex-husband has been bullying ever since we moved here but I guess because i loved him, and I wanted to continue to fulfill my vow, i just let it go past me. Now, after i got back home after he banished me, because i feel like he’s having an affair, when i pointed out... View More

James L. Arrasmith
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answered on Feb 29, 2024

Good morning, I'm truly sorry to hear about the challenges you're facing. It's important to find a divorce lawyer who is experienced in handling complex cases, especially those involving immigration matters. Boston has numerous legal resources and firms that can provide the support... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for Massachusetts on
Q: How are assets split in a marriage between a H1-b visa holder and their H-4 dependent?

Hi there,

I am an Indian Citizen living in the US on an H1-B visa. I plan on marrying my childhood sweetheart (an Indian citizen) and bringing her over on a H-4 visa.

In case we decide to get a divorce in the future, how will our assets be split?

1. What happens to my and my... View More

James L. Arrasmith
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answered on Jan 27, 2024

In the event of a divorce in the United States, the division of assets can vary significantly depending on the state where the divorce proceedings take place. Most states follow either community property or equitable distribution principles. In community property states, assets acquired during the... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Is my boyfriend legally obligated to provide my name and address to opposing counsel during his divorce?

What are my rights for privacy? His divorce is in the RI courts. He filed for an irreconcilable differences divorce and our relationship has nothing to do with the divorce. His wife is looking for reasons to tip the table in her favor in regard to splitting assets.

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If the divorce is in RI, that is where the question should be asked. Presuming that the standard as to what your BF needs to provide his wife when asked are the same, then yes, his wife's attorney is entitled to know your name and how to contact you. You may be able to lead his wife to the... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Divorce vs anullment?

Me and My partner both agree to file for an anullment. We meet one of the criterias that is required for filing anullment. There are no kids involved,, we only been married for 3 months. We both have no property and no assets nothing to share. How long will it take for us to get an anullment? Will... View More

T. Augustus Claus
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answered on Jan 1, 2024

Annulment and divorce are legal processes that address the end of a marriage. An annulment is a legal declaration that a marriage is considered void or never valid from the beginning. In your case, if you meet the criteria for annulment and both parties agree, it might be a viable option.... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: What is the fastest way to divorce

I need to file for divorce. Both me and my partner agree and we have nothing to share. No assets no kids nothing. We've been married for a short period of time. There are no arguments and we both agree to move forward. What is the fastest way to get divorce done.

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Dec 28, 2023

I recommend that the two of you retain a divorce mediator who will prepare a first draft separation agreement. Then you need to have a final draft prepared and filed, with other documents, at the Family Court. Your mediator can explain how you do this.

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I file a divorce completely online without having to go to court if my partner is in agreement with the divorce?

We have no children, property, assets or bank accounts together so I was wondering if we could file the paperwork electronically or by mail and skip the in person court process since we don’t have anything to split up between each other, thank you

Brian Waller
Brian Waller
answered on Dec 9, 2023

You can e-file all the required documents with the court, then the court will typically schedule you for a Zoom hearing. The e-filing system isn't entirely intuitive, but if you are somewhat tech-savvy you will be able to figure it out. You can also mail the documents to the courthouse instead... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can my spouse sell the house without my consent? Only his name is on the deed, he bought the house after we got married

He bought the house after we got married in Massachusetts. My name is not on the deed.

Brian Waller
Brian Waller
answered on Dec 9, 2023

If a divorce has been filed, he would be prohibited from selling the property without your agreement or an order of the court based on the automatic restraining order (Rule 411). It would be a good idea to file for divorce ASAP if you haven't yet, you could ask the court to prevent him from... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: I live in Massachusetts and have a divorce agreement that states I have to breathalyze for my ex husband at 7am and 3pm

I did not do it this passed weekend. Can he take my children away?

T. Augustus Claus
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answered on Oct 3, 2023

If your divorce agreement includes specific requirements like breathalyzer tests and you fail to adhere to them, the other parent might use this as a basis to request a modification of custody or visitation arrangements. However, taking the children away would typically require a court order. If... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: As a disabled veteran married for 28 years , if I divorce my wife in Massachusetts do I have to pay her part of my

Disability no children are involved just a house. I get social security Disability and veteran disability.

T. Augustus Claus
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answered on Sep 13, 2023

In Massachusetts, disability benefits such as Social Security Disability and veteran disability benefits are typically considered separate property and are not subject to division during divorce. However, the division of marital property, including assets like the house, is determined by the... View More

2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Thomas Shack III
Thomas Shack III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

In Massachusetts, it is possible to use a house as collateral for legal fees, but it would depend on the specific circumstances and the specific agreement between you and your specific lawyer.

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I live in Ma. My spouse live in ga. Where should I file a divorce
T. Augustus Claus
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answered on Aug 16, 2023

Deciding where to file for divorce when you and your spouse live in different states involves considering residency requirements, jurisdictional rules, and personal factors. Typically, you would file in your current state of residence, but it's important to understand the specific residency... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Can I live in the house if it’s not in my name when getting a divorce
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 20, 2023

A few questions about your situation would need to be answered before a useful response can be give, although title ownership does not mean the occupation of the home by you would not be ordered by the Court..

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1 Answer | Asked in Internet Law and Divorce for Massachusetts on
Q: I was allowed access to a email on a shared computer . I took screenshots to prove infidelity

I have texts messages saying check my email to back myself up . Does it make no expectation of privacy due to this my kawyer used my screenshots in my case but wanted a second opinion

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2023

A no no and the Court will neither like it nor allow introduction of it, nor does it usually help your case. Engage divorce counsel ASAP is the best advice.

1 Answer | Asked in Divorce and Internet Law for Massachusetts on
Q: My ex & I shared a family computer . He left his emails and iMessages on the computer we are divorcing

Can i screenshot these messages abd use them in court . I have many texts were he will say “read my email” check my email so he additionally not only left it open with no password he allowed me access

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

In Massachusetts both of the parties to a recorded conversation each would need to be aware of same. So, even if husband is shown to have given consent , the other person did not.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Internet Law for Massachusetts on
Q: My husband allowed me to access his email when married and left his emails and texts on the home family shared computer

We are getting divorced he left private conversations openly on our shared computer between him & a female friend can i screen shot then and use them in divorce ?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

In Massachusetts conversations recording without consent of both parties to the conversation is an offense and the Courts wouldn't allow introduction of same.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Massachusetts on
Q: Does a trust protect my home purchased before marriage if I am to get divorced?
Michael M Marques
Michael M Marques
answered on Jun 21, 2023

There are a couple of factors to review. a) Was the home placed in a trust prior to or after the marriage? b) Is the trust revocable or irrevocable? c) Whose benefit was the trust intended for? Until recently, trusts were seen as assets when a court decided how assets were to be distributed upon... View More

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