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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: I am buying a house with my wife, now she wants a divorce.I will buy the house. How do I keep it from be common property

I live in Massachusetts and will require no aid financial or otherwise from my wife.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 10, 2017

Do get the divorce first . You would be at the very least complicating things unnecessarily by expending monies on real estate and potentially your expenditure could be an over-extension of your credit to prevent you from providing support to the spouse or viewed as a plan to deprive the spouse of... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: My husband and I are divorcing. I want a separation agreement he wants to go directly to a divorce with no attorneys

I think the separation agreement will help me split property and make sure child support is settled

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 5, 2017

Your husband does not understand the divorce process, because the separation agreement is what eventuates from negotiation and would be reviewed by the Probate Court Judge as to fairness and reasonableness under the circumstances of the parties., Property division custody, child support and... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: Can I have joint custody overseas?

My children and I have dual citizenship (Japan and US). My family lives in Japan and my ex-husbands parents live in Maine. I want to move back home where I feel my support network is. Is it possible for them to come with me? What if I offer Thanksgiving/Christmas holidays, birthdays, and summer... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 5, 2017

You would need to petition for a Modification permitting removal of the children. What are your former husband's thoughts on such a plan? if he opposes it would potentially be difficult. You have not stated the ages of the children and their circumstances. The Court can appoint a guardian ad... View More

0 Answers | Asked in Divorce for Massachusetts on
Q: My ex-husband and I have been divorced for ~7 years. He just sold a home (not the family home) at a profit.

Am I entitled to a portion of the profit he received as a result of the home sale?

Thanks very much.

Jennifer

1 Answer | Asked in Divorce for Massachusetts on
Q: I want to get a divorce put we have two kids together there a total of five kids in the house and he said that

I live of if social security how can I get help to get divorced

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 27, 2017

You would need to have temporary orders for support for yourself and the children- at least yours with your spouse. Are the other children you spouse's by another relationship or yours from another relationship? Do you receive support for the other children not of this marriage? A lot of... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: husband cheated with co-worker and left state. Will I get spousal support?

I'm left will all the household bills and have not had any help from him since, How can I file having little to no money for divorce?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 21, 2017

Because there are several statutory factors involved in determining alimony and property division I highly recommend that you meet with a divorce attorney as soon as possible. If husband has assets from which your counsel fees could be paid then a Motion to the Court requesting same along with the... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: In Massachusetts, what happens if a wife does not show up for an uncontested divorce?

Couple has been separated 17 years, finally filing for an uncontested divorce.

Ex wife does not wish to attend court.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 19, 2017

She would need a Motion to Waive Her Attendance and Affidavit to accompany same explaining a cogent reason for her unavailability such as being away and would incur expense of a flight and accommodations, in hospital, away on a business trip and inability to take time off from employment, etc.... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: if a house was inherited after they where married but it is only in his name. is she entitled to any of it in the divoc
Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 18, 2017

All assets regardless of when received are subject to the Court's equitable distribution. The issues are whether there was a long term marriage, the comparative ability of the parties to acquire assets in the future, the contributions of the parties to the marriage, etc. which are outlined in... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: How do I find legal help in MA, My husband soon to be ex husband has an attorney and will be divorcing me.

I am in Colorado now since he wanted me to leave, I did live in MA and husband is there....I have no job and have health problems preventing me from working. I feel like I need someone to represent me and read what I will be signing from him regarding our assets. If someone can give me advice on... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 5, 2017

Hello, You should check with the Volunteer Lawyers project with the Boston Bar Association for a referral once your eligibility is determined by them.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Massachusetts on
Q: My ex-husband moved away when our children were young, what grounds does my new husband have?

My new husband has been their primary caregiver since my daughter was 3 and my son was 1.5, I am having a will written, (4 + years as of right now) would my husband have any grounds to keep the children should something happen to me? I would like the verbiage to read for them to stay in our home... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 23, 2017

The best way to deal with the biological father not potentially having custody of the minor children at your death would be to see if he would agree and your husband would agree to a step parent adoption. If the children are older than 14 then there should also be input from them as to their... View More

1 Answer | Asked in Child Custody and Divorce for Massachusetts on
Q: Is a notarized letter admissible? I don’t want to bring in my counselor but she has written a letter of support.

my son is getting a divorce. He is acting as his own attorney. His wife wants everything, 2 kids, the house . It's been going for a year. he raised his kids for 10 years now she is trying supervised visits only for the next 3 to 6 months and then he is not to see the kids at all.

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

Witnesses should be ready to testify in open court at related hearings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Massachusetts on
Q: HI! I have a question about divorce.

So my mom and dad got divorce 2 year ago but they are in appeal trial for divide the estate. My dad got married to another women after the divorce but now my dad passes away so would his new wife going to inherent whatever going to him? or is everything the court diced to go to my dad is going to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Is there a will or trust? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: In Massachusetts what motions can you file for a person that file taxes and left the other party owing money to irs

This is over a divorce that is pending my wife filed last year's taxes she got $3,000 for return because of the way she filed and I have to pay in $1,000

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 16, 2017

The question of the liability allocation for taxes is part of the divorce proceeding. Your counsel should be made aware of what took place to generate this tax bill.

2 Answers | Asked in Child Support, Divorce and Family Law for Massachusetts on
Q: We are switching physical custody of kids from me to my ex. Do I count his support as income on the support guidelines?

My ex was paying child support every two weeks. We are using the MA child support guidelines form to calculate my amount of support to him now that the kids will be living with him. Right now I don't have a job, and income is low. Adding in the benefits we get now towards the income will... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 15, 2017

Hello, No, you do not include the child support you are receiving involving the same children. You should be aware that there are new Child Support Guidelines going into effect in September which you should look at and they are posted on the Mass.gov website. They take into consideration a number... View More

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1 Answer | Asked in Civil Litigation, Tax Law and Divorce for Massachusetts on
Q: Do I need to give a copy of my LLC 1065 to ex-spouse or just my K-1, re exchange of tax return docs annually

If I understand correctly, the 1065 is an informational filing for the partnership. I receive a K-1 from this to use on my individual return to report my income, losses etc. Is my ex-spouse entitled to see the partnership's 1065 informational filing or is it even relevant to my return? He is... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 8, 2017

You should review your Separation Agreement with your divorce attorney as soon as possible to make sure that you haven't obligated yourself to include this form in the exchange process.

1 Answer | Asked in Divorce for Massachusetts on
Q: Where can I get a pro-bono lawyer for my divorce. I am a single mom of 6 and need it done asap.

I have been separated from my ex and need to get a divorce asap. He has charges pending and I am living in the house that is in his name right now with 5 of my children 2 of which are his. There are too many details to write in here but If I can get some help that would be amazing I have been going... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 7, 2017

First of all, what county do you live in. Each county has a probate court. A Divorce Complaint should be filed and served and Temporary orders concerning preservation of the marital estate and custody and support should all be filed and scheduled, but before this you should contact divorce counsel... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: To a Massachusetts divorce Lawyer: I obtained a divorce in the late 90s.

My ex-wife was to receive a part of my pension when I retired in 2004. Just recently I learned that she died in 2010. The company I worked for is still deducting that money and sending it somewhere. The company will not tell me anything. The ex and I never had any children together so some... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

You can file for a modification in the family law court, and you may need to join the party receiving the money in that suit and/or file a separate civil suit for conversion. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

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1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: My wife's divorce agreement says he waves the right to collect child support. How can the state make her pay him now?

She gave up custody because she couldn't afford to raise them in the manner they were use to. He recently went on welfare for a few months while he was sick. The state took her to court. Now he is working and she is still paying $250wk. He agreed not to collect child support and the gudge... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 1, 2017

Both parents are under the legal obligation to support their children and child support cannot be waived unless there is an alternate methodology for their support that the Court specifically approves of. If he is working your wife can investigate whether there should be a Modification of child... View More

3 Answers | Asked in Divorce for Massachusetts on
Q: If I file for divorce, I'm worried that my ex won't pay his share of child support. What can I do?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 26, 2017

Child support can be obtained via Motion for Temporary Orders and would be in an amount consistent with the Child Support Guidelines based upon income and custody and time with the children, etc. The Court will issue a wage assignment and the Department of Revenue is the enforcement agency for... View More

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1 Answer | Asked in Divorce for Massachusetts on
Q: Is marriage certificate from turkey valid in USA, and what if I have lost it, do I still need to get divorce?

Is marriage certificate from turkey valid in USA, and what if I have lost it, do I still need to get divorce?

Hi, I got married 16 years ago in turkey, neither of us are Turkish, just happened to get married there, we have long lost our marriage certificate and not even sure if it is a... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 5, 2017

Massachusetts does require a marriage certificate for a divorce to be entered although you can request to file a divorce complaint while you are awaiting same. However, you really promptly should check with the Turkish consulate for assistance in obtaining the Marriage Certificate from Turkey and... View More

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