Get free answers to your Divorce legal questions from lawyers in your area.
Assets include 401k tsp plans. 2 minor children
answered on Jun 16, 2020
If the other person is cohabiting then that affects alimony and if the person is a risk to the children or the children are not doing well with this individual being around them, then custody can be affected. If wife is spending monies on this other person that affects equitable distribution to... View More 
We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... View More
answered on Jun 15, 2020
You should contact an attorney to discuss specific details, there is not much here to go on. If you want a divorce you'll need to go through the divorce process of filing in the probate and family court. If you fear for your safety and your child's safety, for any reason, you should... View More
I received a contract to teach in a private high school in MA, I have no criminal history, no traffic offense, but I am worried my post divorce issue will showcase me as a person i am not. Can my Background Check CORI shows the post divorce Bench warrant ( even though it has been resolved) and... View More
answered on Jun 11, 2020
If there is any problem, then you should engage counsel to represent you to have the record rectified.
My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... View More
answered on Jun 14, 2020
As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments... View More
answered on May 26, 2020
There is a separate Rule -Supplemental Rule 410, concerning exchange of financial information going back 3 years referred to as Mandatory Self-Disclosure, so in a way you would be producing bank account statements but on the Financial Statement form itself you are reporting the current balance as... View More
answered on May 18, 2020
Yes, you do. The Financial Statements are the only way that a judge can evaluate your financial situation and decide if the division of property is fair and equitable and if the support is appropriate. The Financial Statements are signed under penalty of perjury. The court has no other way of... View More
i have alot of debt because he was with holding money and i was using CC's its a huge mess and i dont see a way out. we own a house and have no equity we could break even maybe
answered on May 15, 2020
It looks like you need to seek temporary orders concerning the preservation of the marital
asset and possibly to seek spousal support depending upon your fact situation- income disparity?
Length of marriage is a big factor, too. You are in Barnstable county and should have an... View More
The party was due in court on 4/3/20. However, due to the virus the court held a phone conference. The party did not phone in. He is due back in court on the 15th of May, providing the courts are in session. Should I attempt to have him served again and do I just have to pay the Sheriff's... View More
answered on May 4, 2020
From your comment I am understanding that the Deputy Sheriff or Constable was unable to make in hand service of he Complaint and Summons and returned such on the Summons. The next step is to seek a Motion for Alternate Service by publication based on that fact. This would result in an Order that... View More
answered on Apr 14, 2020
Your Rule 401 Financial Statement filed with the Court should report all payments and expenses.
answered on Apr 3, 2020
I would think it would go directly to the MDOR to reduce your outstanding Child Support arrears.
On Dec 17, plaintiff's divorce atty emailed copy of divorce/separate support summons & track assignment notice served on defendant by MGL c. 223A, stated to be considered sufficient since defendant lives in Louisiana; certified letter sent by plaintiff's atty but def. did not see... View More
answered on Apr 1, 2020
Whatever happened before the Alternate Service by Publication was ordered is not relevant. The Answer to the Complaint should be promptly filed once notice of the Complaint is received by you. You may be eligible for legal services from a local legal aid organization. Bear in mind that... View More
I am not able to afford an attorney and am having difficulty in figuring out who to send the counterclaim to.
Our agreement was that I’d stay on my ex’s health insurance until I had the option of employer provided insurance somewhere. I had recently been laid off when we got divorced. I’m currently doing contract work so I still have no employer insurance option. My ex just got laid off today and his... View More
answered on Mar 20, 2020
Your Separation Agreement would need to be reviewed before this could be answered responsibly. During the COVID emergency you would likely need to scan the agreement to any attorney you contact.
Divorced 2 years ago in Massachusetts through a mediator, split everyting 50/50. He's was a State worker who just retired early, and I found out he is getting 6 months of paid vacation/sick days. What are the odds of me getting half of that if I file for myself at the courthouse with no... View More
answered on Feb 24, 2020
You actually need counsel to review the Separation Agreement's terms. Usually property division in divorce is a complete resolution . There could be setting aside for fraud if you had no reason to be aware of this financial asset, but this is complicated and time is sensitive.
I was married in 1980. We were separated in 1995 and divorced in 1998. The divorce decree called for alimony and child-support as well as health insurance and education expenses for our 3 children.
Some time after the divorce law changes my ex-husband stopped paying alimony and health... View More
answered on Feb 18, 2020
Unless your separation agreement or divorce judgment as a result of trial specified a termination date for alimony and medical coverage and that no Modification proceeding was necessary, then there should have been a Modification Petition filed by ex-husband and an adjudication in favor of... View More
answered on Feb 3, 2020
If there is a Divorce petition or Complaint you will still need to make a full disclosure of income and assets and indebtedness .
One lawyer says that due to the nisi period, we have to file married or married/separately. The other and my ex's tax guy says we file single. Which is correct?
answered on Feb 1, 2020
Your marital Status is determined as of year end. If you're divorce was finalized by the issuance of a decree on 11.30.19 you would file Single for the year assuming no dependents and you did not remarry prior to the end of the year (yes, I've seen it).
Don't take tax advice... View More
Basically, can one get married out of Massachusetts if the Nisi is not permanent in Massachusetts.
And if a marriage did take place & it is not considered legal, is there any legal documentation to provide stating such a fact for yes or no?
answered on Jan 31, 2020
First of all there is a 90 day nisi period following a divorce judgment, so that if there was a 1A Joint Petition approved by the Court and not a 1B Complaint for Divorce, there would be an additional 30 days from the approval order before the Divorce becomes absolute. When the divorce is absolute... View More
answered on Dec 31, 2019
It sounds like you will need a Modification in order to terminate the child support to mother. Are you still living in the original state where your orders issued from? If so, then the Court still has jurisdiction over the child support. If the "college" child is over 18 but not yet 21,... View More
Looked at from judge
answered on Dec 30, 2019
There is a college contribution based upon UMass in state resident rates, so, for example, if you are paying over the anticipated maximum amount for the child in college, the weekly child support could be revisited by the Court in a Modification. You should contact your divorce attorney or a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
