It does sound like neglect from your description of the children's living situation and the DCF can be contacted to investigate. They will know a divorce is pending and that you are a party. Is this a new distinguishable state of affairs in the household ? One of the questions that will be... View More

Yes, this works. You don't need to be in the same room as wife and can use different notaries.

Your Joint Petition did not successfully go forward when heard by the Judge, hence no divorce . You should engage divorce counsel to see what was deficient or inequitable about your Separation Agreement attempt. Perhaps there was also deficiency in the documentation , e.g, Financial Statements or... View More

Any alimony would be for 60% of the period of the marriage, so for about 43 months but the issue is ability to pay and income differential and you have not stated whether there ae any children as child support is the first consideration and effects alimony. There are also types of alimony to... View More

Has husband lived in Massachusetts at all? If he never had any contacts with Massachusetts it would probably be better to contact a domestic relations practitioner there.

It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... View More

Yes, he owes the 14 weeks during which he neither paid MDOR nor you. You may use the MDOR to proceed with a Contempt to enforce the back child support order/calculate the arrears. You will need to complete their application for same.

Your recourse is to have a divorce complaint filed in the appropriate jurisdiction and venue and the process of divorce commenced. If the other party does not agree to a proposed separation agreement you do not have an uncontested Massachusetts 1A Joint Petition. You should have counsel as you are... View More

So, there are no guarantees as the Court makes the statutory findings concerning property division which also includes ability to acquire future capital and income differential is a factor in alimony awards. You have not stated the ages of the children as child support is also involved if they are... View More

The presumption is that the child is born of the marriage, but the parties can agree that the child is not of the parties along with the biological father. The prospect of paying for a child not his own is usually an inducement to cooperation by husband, but what is bio father's willingness...

If he lived in Massachusetts prior to moving to Texas and you have been living here in Massachusetts, the County for the city or town where you ( and he ) were living would be where the divorce would be filed.

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answered on Feb 22, 2022

If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the... View More

Divorce includes analysis of various statutory factors for support and property and debt division. Length of marriage, ages of the parties whether there are children and their ages, the extent and source of assets, comparative income and ability to earn and acquire future capital are among the... View More

If the children are unemancipated or minors then there would be child support anyway. The real point is you want to conclude your divorce. You have not stated what type of hearing you had via Zoom. It could have been a pretrial conference and perhaps a trial date is next. Really you seem to need... View More

In Massachusetts all assets are subject to property division and this would include the inheritance recently received by your wife. Depending upon the statutory application however, which includes length of marriage, marital contributions, relative need, ability to acquire future capital, age,... View More

There are pro bono attorneys such as through the Volunteer Lawyers project of the Boston Bar Association and the major law schools have law clinics which may be a route. She has obvioulsy rights not to be abused and there would be child support orders for the child. If this is a brief marriage... View More

Assuming this is a Massachusetts divorce and if your question is whether your interest in the LLC is an asset to be divided by the Probate & Family Court in property division in a divorce, yes is the answer. However, the allocation by the court still depends on the statutory factors so... View More

Spousal support/alimony is statutory and limited by length of marriage and time cohabiting prior to same as well as income differential based on your facts as you have presented it does not look like a viable claim. However, you should still be represented by counsel in a divorce proceeding ,... View More

More information is needed, but it cannot come from her. You have no affirmative duty nor direct evidence of fraud by the husband! Strangely, you ‘may know’ more incriminating facts about her!

It reads more like, she ‘seems to want’ out of a marital relationship that appears to... View More

It certainly presents a problem as if the USCIS does not recognize that DR dissolution of marriage then any attempt to marry a person in the United States would create an allegation of polygamy (being married to two or more people a the same time).

It definitely needs to be properly completed.