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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce for Massachusetts on
Q: Any legal recourse?years ago was charged with lewd and lacivious conduct in MA. The other party was in his 20s

Along with another 14 year old girl. We were charged with sexual acts in public. This was about 18 years ago. We were with two men in their late twenties. As an adult parent of a 14 year old, and kn retrosepct, I know that I was a victim of these men. I feel as though I was a victim of the court,... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 8, 2019

There are attorneys who specialize in sexual abuse cases and this is not really a family law question.

1 Answer | Asked in Divorce for Massachusetts on
Q: Will I win in court in MA if I've offered to pay 100% of all college costs in lieu of child support and ex said NO?

I have a clause in my decree that states "Child support received shall go towards college costs/expenses" My ex has informed me that she will not put support towards college. I have offered to pay 100% of college and all related expenses in lieu of support and she has said NO. College... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 1, 2019

I don't know how long ago you were divorced and when the child support guidelines were calculated , so I can only generalize that the new Guidelines take the individual facts involved into consideration and your separation agreement seems to be in-line with your proposal. However, if she is... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: I'm divorced, but still have my ex on my insurance. I'm getting re-married. Do I have to still pay for my ex's insurance

This is the statement in my divorce decree. "If husband elects to place a domestic partner on his insurance, any increased cost will not qualify as an additional cost for the purposes of this order, and husband shall to maintain wife on the insurance policy regardless of the increased cost."

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 5, 2019

Looks like it to me from what you have quoted, but there could well be other provisions or clauses and you should really review this with your divorce attorney .

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: No contact question RE: child custody

I’m in the process of filing for separation support, legal separation and child support. My husband of 7 years committed adultery and deserted his family for one of his employees.

We have 2 children. Our oldest is in therapy and is having a very hard time with this situation, as an I.... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 14, 2019

If you have counsel the attorney should file a Motion for temporary orders concerning visitation so that this third person/romantic interest not be present during visitation as it is distressing for your child who is in therapy over the break up. You should also seriously consider engaging... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Hi, I am looking for a lawyer who does pro bono work. I am on permanent Social Security Disabilty so my income is low.

I am looking to file for alimony. My husband and I have been seperated for 1 year. He does well for himself while I barely make ends meet. I am on a fixed income which makes it almost impossible to live and pay bills with anything left over. Any information or help that could be given or put me in... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 8, 2019

You should consider filing a Motion for a Fund to be paid for your retention of counsel if he does well financially and you are struggling.

1 Answer | Asked in Divorce for Massachusetts on
Q: . How are assets split when wife cannot be located. Service by publication. Married less than 8 yrs

Married 2/11. Wife is drug abuser, no known address. Her mother is last known but I get no response from anyone. Courts granted service by publication. Filing under irretrievable breakdown

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 8, 2019

This is a medium length marriage, but you have not stated how long you have not been together nor whether you lived together prior to marriage nor whether either of you came into the marriage with assets and pension/401(k)s and whether there was an increase in the assets/value since the marriage.... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Currently filing for divorce.

Separated 2+ yrs separate residences. Currently Buying out my siblings share of fathers house. If I buy house before divorce is final is she then entitled to half of my house?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 6, 2019

Prior to a divorce judgment the property would still be marital property in Massachusetts and subject to equitable distribution. You should wait to purchase real estate until the divorce is concluded.

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: Hello! Can I file for shared custody in a court in Massachusetts if my kids live in Puerto Rico with their mom?

If so, how long would it take for the court to make a decision?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 6, 2019

If the children have been living in Puerto Rico for more than 6 months, Massachusetts would not have jurisdiction. You would need to pursue a Custody Complaint or if there are extant orders/judgment in Divorce or Custody and Support, a Modification there .

2 Answers | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Does the domestic violence victim have the right to meet with a judge to file a legal complaint against their spouse?

Good friend in Massachusetts is the spouse and husband in a domestic violent relationship. Recently asked for divorce in a 22 yr marriage, 4 kids (1 left in the house age 13) and the spouse is physically and emotionally abused. Recently unemployed, and wife does not work. Since asking for... View More

Lissa McKinney
Lissa McKinney
answered on Apr 28, 2019

No- he does not have any right to meet with a judge privately if that is what you mean. He also needs to proceed very carefully documenting the wifes abuse and outbursts too as in 2 seconds she will turn it around on him and claim he has abused her. And it is likely when a woman claims abuse that... View More

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2 Answers | Asked in Divorce for Massachusetts on
Q: What happens directly after serving my spouse with divorce papers? Like the next step.
Joshua H. Bearce
PREMIUM
Joshua H. Bearce
answered on Apr 2, 2019

This depends upon the circumstances of the case. If there are issues which require immediate resolution, the parties often exchange their Rule 410 mandatory disclosures, and attend what is called a temporary hearing to establish the orders which will be in place during the divorce. These can be... View More

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2 Answers | Asked in Divorce and Tax Law for Massachusetts on
Q: If wife asks for divorce,both parties still live home with 3 kids, can husband to file taxes and claim 3 kids secretly

Nothing has been filed, not separated. He told her after he filed. He also changed his ira & life insurance and took wife off of it all.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 25, 2019

If there are no Court Orders nor is there even a divorce complaint filed, there is no impediment to husband doing so. Your friend should file for Divorce and engage counsel to protect her rights as she seems to be in the dark on same.

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2 Answers | Asked in Divorce for Massachusetts on
Q: I get tax free stipend payments from the government for caring for a vet. Do i Report in divorce financial form?

This is not a form of employment. This income is tax-free. Not sure if I need to report on financial form or if reporting so makes any difference.

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Feb 28, 2019

Yes you do. All income is to be reported.

For the definition of income for ALL support issues Google:

" Current CHILD SUPPORT GUIDELINES as amended June 15, 2018, I. Income Definition, A. Sources of Income

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1 Answer | Asked in Divorce for Massachusetts on
Q: I am currently out of work since April due to medical condition. I need legal help to stop paying my ex alimony ?
Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Mar 8, 2019

I need legal help to stop paying my ex alimony ?

Is your question: Do I need legal help to stop paying alimony? Sounds as if you do, based on what you have written. An attorney will file a Complaint for Modification with the court. The modification will seek to reduce your alimony...
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1 Answer | Asked in Divorce for Massachusetts on
Q: Hi, I filed 1-B divorce and want to chane to 1-A, i dont understand the Motion-to-Amend form (all other forms are done)
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 28, 2019

You would need to file a Motion to Amend your Divorce Complaint to a 1A Joint Petition and file a Joint Petition for Divorce and the Affidavits of Irretrievable Breakdown .

1 Answer | Asked in Divorce and Domestic Violence for Massachusetts on
Q: I am going through a divorce. I can't afford a lawyer or qualify for a free one I am 61 years old. Do I need a lawyer?

Of course no children. No home. Only tax debt. $20,000. I qualify for tax relief, he does not. Is this debt automatically split 50/50?

The document has alimony checked off.

We are both on disability and currently earn about the same. I am in the apartment and paying all the bills.... View More

Christine G. DeBernardis
Christine G. DeBernardis
answered on Jan 31, 2019

You can certainly proceed without counsel. If you cannot afford an attorney, check with your local court to see if they have an "attorney for the day" program or legal aid to assist.

2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Massachusetts on
Q: What are the steps and requirements needed to terminate my son's father's parental rights in Massachusetts?

My son is 15 months old, and his father has made no effort to see him or even ask how he's doing since I left him when my son was less than 3 months old. I've reached out multiple times with opportunities for visits with no response from him. He has my facebook blocked and has a new... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 17, 2019

If you were divorced did you have a reference to custody and visitation in the agreement or in the Judgment post trial? If this is an unmarried parents Judgment of paternity or custody and support, then the issue of what custody there is would be addressed in that agreement and Judgment. You would... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: stepparent's obligation for child support if it's not in divorce decree. (In MA)

Divorce decree states "no child support, no alimony" in both directions. Mother has full custody and (adoptive) stepparent has the kid every other weekend. Fast forward seven years, the kid is 16, getting into trouble, and mostly uninterested in going to Stepdad's every other... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 10, 2019

If the child is adopted by you then the child support guidelines level of support would apply and child support orders can be sought regardless of whether visitation occurs.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: In a divorce case with 2 children ages 6 and 10, will the judge force the father to work to his fullest potential?

What if the father has a history of gambling?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 7, 2019

The Court can impute income to him in calculating child support in an amount based upon his earnings history and educational background and the Court can order job search to occur also.

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2 Answers | Asked in Divorce and Family Law for Massachusetts on
Q: I am a high school student looking for some information about your career considering I was thinking about going into

my questions are about divorce lawyers and they are:

1) What benefits do you recieve?

2) What kind of salary did you get starting off?

3) What are your working conditions like?

4) What hours do you work?

5) Are there any advancement opportunities?

6)... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 3, 2019

I have my own law firm so I am not on a salary and the advancement is dictated by what I will and won't do. My hours are basically a 40 hour week although sometimes more or less depending upon what I am working on and deadlines to complete work. I am a Probate and Family Law attorney and I... View More

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2 Answers | Asked in Divorce for Massachusetts on
Q: I am in the process of a divorce in Ma. Our two homes are in my husbands name. Who gets them or how are they divided?

I have stayed home and taken care of our two small kids. Only work part time. Everything is in his name.

Joshua H. Bearce
PREMIUM
Joshua H. Bearce
answered on Dec 23, 2018

The fact that the two homes are in your husband's name is irrelevant to your property division. However, if he purchased the homes prior to the marriage, or he can show that he made a significant pre-marital contribution to the homes, then he may be able to offset certain amounts from the... View More

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