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Massachusetts Divorce Questions & Answers
0 Answers | Asked in Divorce 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.

0 Answers | Asked in Divorce for Massachusetts on
Q: divorce case - couple married under islamic law wil divorvce in arbitration is he allowed to take the wife wealth

me and my husband married under islamic law in the country of oman he is canadian and is threatening to take my

welath after dicovrce or half of it through arbitration will the enfocement of award apply in this case? because under islamic law the man cant take a single penney from the wife... 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

1 Answer | Asked in Divorce for Massachusetts on
Q: $5000 retainer, received a bill for $7000 not authorized by me, fraudulent billing; $3200 admitted by attorney. .

Never authorized to go beyond $5000, when attorney was questioned as to the items in the additional $7000 a reply via email stated it was for conferring with opposing council. Attorney was told that there was no opposing council. Attorney responded via email that the charge was a 'mistake'.

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Mistakes actually do happen. A mistake is not "fraudulent billing." Some billing programs assign numbers to clients and particular matters. The attorney, or the person entering the attorney's time, may input the wrong numbers, and a time entry may appear on the wrong client's... View More

1 Answer | Asked in Animal / Dog Law and Divorce for Massachusetts on
Q: How do I get my dog claimed as mine legally before divorce? (In Mass/pets are property, dog regist’d in my name now)

Want to leave the household before divorce which will take 6 months but afraid husband will come after me physically

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2023

You sound like you may need an abuse protection order if your safety is threatened by your partner. In a divorce you can motion the Probate and Family Court to have the dog reciting your history of caring for the pet.

2 Answers | Asked in Family Law, Divorce and Probate for Massachusetts on
Q: In Massachusetts is there an agreement that can be filed with the courts for the termination of a domestic relationship?

My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... View More

Brian Waller
Brian Waller
answered on Apr 24, 2023

You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... View More

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1 Answer | Asked in Divorce for Massachusetts on
Q: Can you sue a mistress in Massachusetts? (I am currently asking for my friend who’s married to her cheating husband)

This is my friend second time being cheated on by her husband.They’ve been married for 35 years but don’t have biological kids together she have biological kids he stepped in & help raise since they were 5 & 7! Now they’re adults. She’s been a stay at home mom since forever! His... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 19, 2023

This issue would come into play in a divorce proceeding.

2 Answers | Asked in Divorce for Massachusetts on
Q: How do I divorce my spouse that lives in another country?

My spouse and I have fallen out of love and we want a divorce.

John Michael Frick
John Michael Frick
answered on Mar 3, 2023

File a petition for divorce where you live and properly serve your spouse under The Hague Convention.

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1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Divorce is final on 3/28 in Ma. We filed married but separate on taxes last year. Does that change my tax info for 2023?

My ex and i were married, in massachusetts, for five years. 2022 we decided to file our taxes "married filing separate." With the divorce final on 3/28/2023, would i still have to give my ex half my tax return? Does the divorce mean i should consult a tax specialist to file my taxes for me?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 23, 2023

The method of filing and the disposition of refunds or monies owed to tax authorities is usually dealt with in the body of the Separation Agreement. You should review the document preferably with the attorney who represented you on this issue.

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... View 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... View 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... View More

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