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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce for Massachusetts on
Q: Do I need to provide my Financial Statement before we agree on Separation Agreement?

My wife has hired a LAR and she is requesting me to provide my Financial Statement for her to prepare the separation agreement. I do not want to disclose my income details until i have an agreement reached. Is it mandatory for me to provide my Financial Statement for separation agreement... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Such financial statements are filed in Court as part of a divorce proceeding. Is there a case filed? Or is this a collaborative divorce mediation process? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Hello My husband lives in NY and I live in MA with our 3 year old daughter we were married in MA

My husband has already paid for an online divorce through NY he says he has to just download it and get it notarized, I have spoken with a lawyer and he suggest I still file in MA and have him serverd that way I will not have to travel to NY for anything regarding court issues and I am going to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

Since you and your child are in MA, it sounds like a good idea to file in MA. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: What's the definition of no-fault divorce and will it effect the support I get?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 9, 2017

Child support is based upon the child support guidelines and there is no difference as to whether fault is involved for support of children. Spousal support is generally tagged to the length of the marriage and various factors having to do with the parties circumstances, is governed by a specific... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: I'd like to go back to court for changes in the parenting plan and visitation.

Can I get a different judge to hear my case?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

You cannot shop around for favorable judges, but you can hire a great attorney. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... View More

1 Answer | Asked in Immigration Law and Divorce for Massachusetts on
Q: I'm married with a US citizen for 2.5 years . I'm still with the 2 years green card . Can I divorce for mental abuse ?

My wife is an alcoholic for almost 2 years..

and has a 16 years old daughter that constantly abuse my wife and I... ( she also uses drugs in the house) but my wife keeps defending her daughter not matter what ..

I feel like I'm being abuse daily for not being considered

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

You can file for a restraining order and/or divorce. You can report the abuse to the police.

Also see: https://www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law...
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1 Answer | Asked in Divorce for Massachusetts on
Q: What circumstances would allow me to get an annulment?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

Generally, annulments are available in very rare circumstances, e.g, fraud, mutual mistake, lack of consent. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: I have two retirement pensions

Since they are almost the same amount, my ex wife and I are going to just each take one -- question, who pays the taxes on the fund my wife takes?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 25, 2016

Hello, Normally there would be a Domestic Relations Order designating the terms of who gets what percentage of your pension up to the date of divorce, generally, this is what you would need to state in your divorce/separation agreement to avoid tax consequence of the transfer . Be careful that... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Massachutes MGL 208, Divorce, Sections 48-49, Help to maintain my life time alimony

Providing EVIDENCE that the parties had economic marital partnership.

1-let me put this in perspective I am talking cohabitation between the years 1974 through 1979 and then an additional 16 years of marriage.

2- I have spoken with the utility companies who tell me they do not... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You may submit your own testimony as well as any witness testimony you have. 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... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My Husband loaded his stuff and left me. I'm on disability since 2010 we were married Halloween 2009.

He changed the bank accounts where his personal account gets most of his check and our joint account gets 350 and is always over drawn. He Claims he Doesn't feel the same way about me anymore. Of course from our phone bill he's been in contact with someone else since he's started... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See: http://www.mass.gov/courts/case-legal-res/rules-of-court/probate/pfc-supp/srpc411.html

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

1 Answer | Asked in Divorce for Massachusetts on
Q: my wife went back home to canada after 88 days of marriage. how do i go about getting a divorce from her

she is original from canada and moved back there. we got married almost two years ago.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 23, 2016

Ok so she was living in Massachusetts with you and then left with the children after less than 3 months. Sounds like a Canada case particularly if the children have been in Canada for over 6 months.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Divorce between US and Canada

Family was living in Canada, husband physically abusive, wife & kids escaped & now living in MA. Low income, younger daughter dealing with OCD & PTSD issues, need help with divorce proceedings, custody, need to prevent husband from contacting children.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 22, 2016

How long have you been in Massachusetts and did husband live in Massachusetts at some point? There are complicated jurisdictional issues and I urge you to make an appointment with a lawyer to go over all of the facts.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is it worth going back for modification?

I am in the process of going back for modification of my child support and alimony. We share fifty fifty custody. I have been out of work for over two years with back surgeries and I am trying to get social security disability. Because I am not able to do anything more clinically (I am a nurse) I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

A motion for modification of support may be in order. The best first step is an Initial Consultation with an Attorney. If you cannot afford one, access self-help resources at your local County law library. You can read more about me on my law practice website. This answer does not constitute legal... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: If one parent wants a 50/50 joint custody so no one has to pay the other support and the mother doesn't what happens?

Child is 6, mom does not want every other week or splitting the weeks, feels not good for the child.

Ellen Anna Wright
Ellen Anna Wright
answered on Oct 8, 2016

Routine and structure is important for the child so the Court is not likely to take primary physical custody away from one parent to a 50/50 split arrangement unless you can show a material change is circumstances that would merit the relief you are seeking.

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: If def in a Divorce summons disagrees with irretrievable breakdown reason, can/should def counter file?

Plaintiff wants child custody, child support, and wants def to vacate the marital home (rented).

Defendant has proof that plaintiff has been and is still currently engaging in adulterous activity. The plaintiff struggles with alcoholism and has victimized the defendant by way of... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

The focus should be on the effects on the children of plaintiff's conduct and the adultery is not so much of a concern to the Court from my experience.

1 Answer | Asked in Divorce and Consumer Law for Massachusetts on
Q: If I am the account owner for my Verizon account, can I request transcripts of text messages with the content?

Do I need a court order or can I just do it myself?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

If you're the owner, you can request such transcripts. 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/... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Can I obtain text messages with written content without a court order from Verizon?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See my answer to your identical question here. 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 Child Custody and Divorce for Massachusetts on
Q: My son is living with his fiancé and her soon to be x-husband is going to court in RI for full custody because of this.

My son has been living with his girlfriend for a couple of months now. She (Mary) is presently going through a divorce and it should be final in a couple of months. Her ex-husband is taking her to court for full custody of her 5 yo son. He said it is because my son is living with her. Currently... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

Is your son a risk to the child's safety or well-being?

1 Answer | Asked in Divorce for Massachusetts on
Q: in mass do they go by les statement to determine child support or w2?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Child support is based on the parties' declaration of all income and expenses. 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,... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: How have final divorce contingent on getting shariat (Islamic) divorce in the US and register it in Iran consulate?

I got married in Iran in 2011; petitioned for my wife to join me here in the US.

In 2014 I filed for divorce. Since we got married in Iran, we need to also

get Sharia divorce and have it registered in Iran consulate. Otherwise,

my wife can file for a divorce in Iran where... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can also file for divorce here if you reside here. 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/... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: I am married for 24yrs, but now getting a divorce can't find my original marriage certificate, can I use a copy?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Yes, copies should suffice where the original is not reasonably available. Have you contacted the marriage certificate clerk in the county where you married, though? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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