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
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
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
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..
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
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'.
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
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.
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
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
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
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?
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.
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
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
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
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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