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Massachusetts Divorce Questions & Answers
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

1 Answer | Asked in Divorce for Massachusetts on
Q: I was helping my spouse pay their student loans while we were married. Am I required to continue helping pay them after

we divorce?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 1, 2017

Did you have a contract or pre-nuptial agreement to that effect? Community debts are typically equally split during the divorce process, but the student loan issue depends on various factors. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

2 Answers | Asked in Divorce and Family Law for Massachusetts on
Q: I'm curious how the court will feel if t it was lied to in order to change custody arrangements
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 8, 2017

You haven't given any details as to the nature of the deception, who else was involved, and whether the Court was also involved. Also have you gone to Court under the misapprehension and when?

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2 Answers | Asked in Divorce for Massachusetts on
Q: Should I file for divorce to freeze assets even tho we may go to mediation?

Wife has a hidden bank account which is technically our money. I am afraid she is using that money to hire a lawyer behind my back.

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

If you feel that where you have significant doubts about the honesty of your spouse, mediation would be a waste of time and money. It is meant to be a forum to discuss settlement where parties are on an equal footing and if assets are being secreted there is not a level playing field. The filing of... View More

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1 Answer | Asked in Divorce for Massachusetts on
Q: how do I make sure she pays me after I have signed the house over to her
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 31, 2017

Your separation agreement should have language that the Deed is executed in exchange for the sums to be paid and the Deed is held in escrow until payment is received.

2 Answers | Asked in Divorce for Massachusetts on
Q: my wife and I are getting a divorce we filed and on it she promised to give me acertain sum of money for the house

she recently told me I would have to sign it over to her so she could refi under her name and she would get me my money if I do how do I make sure she pays me

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 31, 2017

Assuming that you are preparing a separation agreement, the language of the agreement should state that the Deed is tendered in exchange for payment and that in the event of refinance the conveyancing office involved shall be disclosed to you to make sure they are aware of the terms of the... View More

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Im separated with my wife,there is no child support order from court. Hiw can i support my son. And how can i see him.

My wife lives in a shelter with my son, and there is no legale separation filed yet or a divorce filed. There is no child support order from court, and i want to support my son finnancially and i want to ger visitation right, how can i support my son and how to get visitation time. I didnt see hime... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 26, 2017

You can file for child custody in court. Child support is paid to the mom pursuant to a court order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Court order says my ex has 120 days to remove his things from my property. It's been 150 days, can I keep them or toss?
Theresa Spearing
Theresa Spearing
answered on May 22, 2017

If your Order specifically states that you can keep the items for yourself or toss them away if he does not remove them within 120 days, it would not do either. Your ex is in violation of the Order and you must file a Contempt against him to get him to remove his things. I understand it is... View More

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1 Answer | Asked in Arbitration / Mediation Law and Divorce for Massachusetts on
Q: Can I present information to a judge now that was not presented correctly during my divorce?

I had hired a lawyer who gave my case to an intern or brand new attorney who was not familiar with how to present a case of domestic abuse including rape, physical, emotional and verbal abuse due to alcoholism. These trusts were not presented to the judge or to the lawyer of the spouse and if done... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 15, 2017

It depends on the current status of your case. You may need to hire a new lawyer asap.

See: http://www.aeesq.com/divorce-attorney/divorce-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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1 Answer | Asked in Divorce, Immigration Law and International Law for Massachusetts on
Q: I need a consultation on a few things.

I got married in India under Hindu Marriage Act. I am in USA right now on F1 visa and my husband is on H1B visa. Can I get a divorce in USA?

If yes, would it be valid in India as well?

What’s the process for a mutual divorce in USA for international people?

How much money... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 3, 2017

In Massachusetts if you are residing here with your spouse and the breakdown of the marriage takes place here, then you can commence a Divorce Complaint or have a Joint Petition for divorce here. You do not need to be a citizen to obtain a divorce, but you will need your marriage certificate and it... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Under what circumstances can a pre-nup be challenged in court?
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 29, 2017

The terms may be inherently unconscionable and there may not have been enough time for the non-drafting party to review the pre-nup with independent counsel.

See: http://www.aeesq.com/divorce-attorney/community-property-2/

More details are necessary to provide a professional...
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1 Answer | Asked in Divorce for Massachusetts on
Q: want to get a divorce and everything is in my husband name how do i go about all this

how do i go about all this with everythng in his name and do i quilty for alimoney we had been married for 13 years

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 24, 2017

You may still be entitled to alimony and your share of community property assets/ debts.

See: http://www.aeesq.com/divorce-attorney/divorce/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney....
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1 Answer | Asked in Divorce for Massachusetts on
Q: I've been married for 25 years separated for 1 yr My husband recd money from his mothers estate am I entitled to 1/2
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 3, 2017

Typically, inheritances are separate property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: Child born prior to marriage, he is on birth cert. Now getting divorced, denying paternity but wants visitation???

Father signed acknowledgement of paternity to be on birth certificate. We eventually wed, but now going through a divorce. In a motion, he stated there is no proof our daughter is his and that he should not have to pay child support. However, he wants visitations. He lives in Florida and we live... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 4, 2017

He cannot challenge Paternity but he can seek visitation , however. The waffling about his level of interest in the child is a concern which you should bring up to the Court in establishing visitation if he indeed seeks it.

2 Answers | Asked in Divorce for Massachusetts on
Q: If my wife and I agree to split assets by what we've always to define as mine and hers

and that puts us at 30/70 split by value - can a judge overrule that as unfair? even though we agreed to it and think it's fair?

more background - she's a spender and I'm a saver and we've always had separate accounts. Both agree it's not fair for one to be... View More

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

Depending on the length of the marriage and several other important factors such as age, education, income, health, ability to attain future assets, whether there are children and conduct and the existence of a marital partnership, such a split may be deemed to be unreasonable by the Court despite... View More

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2 Answers | Asked in Child Custody and Divorce for Massachusetts on
Q: Can my soon to be ex-husband visit with my child at daycare when it is not one of his visitation times.

We have temporary orders granting me sole physical and joint legal custody of our 2 year old. We have a GAL report which recommends a greatly reduced visitation schedule than he currently has. Our trial date isn't until August. I filed a motion to amend the visitation to reflect the... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 22, 2017

If the Temporary Order does not give him visitation at the day care center, then he does not have the right to visit the child there and you should contact the day care center to let them know and provide them with a copy of the Temporary Order. You should also pursue a Contempt complaint for his... View More

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2 Answers | Asked in Divorce for Massachusetts on
Q: hi - my husband is due to inherit a large amount from his mother when she passes and we have been married for 21 years

if we divorce, can i get a portion of his trust fund?

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

Hello, Is this trust created by her Will or was this a trust she had in place during the marriage? There are nuances to the response to this question depending upon the particular facts, which are best addressed in a consultation with a divorce attorney. There could be rights to a share of same and... View More

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2 Answers | Asked in Divorce for Massachusetts on
Q: Why do courts usually side with the mother in custody hearings. Isn't that biased?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 3, 2017

The mother is usually the primary child care giver, so that forms the basis of what the Court usually does. However, the Courts are in favor of both parents' participation in child care and there are certainly circumstances where the father has been the primary care giver or where mother is... View More

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2 Answers | Asked in Divorce for Massachusetts on
Q: Are conversations between a husband & wife when they're still married off-limits for the purposes of a custody hearing?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

I see no legal basis for such restrictions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

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