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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce for Massachusetts on
Q: Am I able to change support payment amounts when I retire?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 30, 2018

Depending upon your divorce agreement terms and the interface with current alimony statutes you may well be able to reduce or terminate alimony in a Modification , but you should meet with a domestic relations attorney to go over your agreement and your particular facts and your former... View More

3 Answers | Asked in Divorce for Massachusetts on
Q: How long does it take to get a divorce through mediation in Massachusetts?
Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Nov 12, 2018

The time it takes to get “through” the Mediation Process initially depends on whether or not each party returns a properly completed Probate and Family Court Financial Statement. The Mediator needs a correct Financial Statement for many reasons. An insufficient Statement causes delay and... View More

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1 Answer | Asked in Divorce for Massachusetts on
Q: I need a pro-bono attorney for a divorce,can I get assistance in Mass.area?

My husband is mentally,emotionally & physically abusive.I have gone into emotional crying on a daily basis,I have no family or no- where to go,I am 74 years old and handicap.My husband keeps badgering me to get out.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 8, 2018

There is the Boston Bar Association Volunteer Lawyers Project and Harvard Legal Aid Bureau you can contact to see if you qualify for their services.

1 Answer | Asked in Divorce for Massachusetts on
Q: How can one party in a divorce control the life of the ex spouse based on a divorce agreement?

My daughter got divorced from her husband this year. They used a mediator to do the divorce and the husband put in a clause that states they cannot sell the house for less than $430,000. He has openly admitted to me that he has no intention of selling the house and he is going to live in the house... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 30, 2018

The language you are indicating would not be approved by the Court absent a finding by the Judge that the parties understood the document and had the opportunity to have counsel review same. If the document is ambiguous or if there is a failure of the material facts upon which the agreement was... View More

2 Answers | Asked in Child Support and Divorce for Massachusetts on
Q: I would like to get a divorce, he and i have been seperated for 4 years. We do have 3 children.

2 are 18 and our smallest is 17. I would like to put the divorce for being an adulterer. I need guidance and help. I live in Massachusetts

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Oct 23, 2018

Jackie,

You have the right to file a divorce based on adultery, however it is not wise to do so for several reasons. Irretrievable breakdown is the suggested approach.

I would be happy to work with you on your getting a divorce quickly and for the least expense.

I am LAR...
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2 Answers | Asked in Divorce for Massachusetts on
Q: I am looking for someone to look over legal documents obtained online to acquire a divorce. Where do I go?

My daughter and her husband cannot afford a lawyer to get divorced. They spent $300. to get all the paperwork together from online. They went to file the papers in Fall River, MA and needed to go to classes about their child. That is done. They just want someone to review the paperwork to make... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 18, 2018

They should try to meet individually with 2 different attorneys in Bristol County due to a potential conflict of interest between them which can exist whether they think so or not.

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1 Answer | Asked in Divorce for Massachusetts on
Q: My husband has a trust fund that will vest next year, and now he wants a divorce after 9 years of marriage.

Will I be able to get any of that money?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 12, 2018

Do you mean he will receive distribution of his beneficial share free of the trust? If so this would be considered in equitable distribution. If it is income he will be receiving from the trust or principal distributions will commence that you are referring to, then the issue is also whether child... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Hi I recently published my divorce I went to family court and showed them the tear sheet. What happens next
Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Oct 8, 2018

After several months you will receive a Pre-Trial Notice. Follow the instructions to a T.

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1 Answer | Asked in Divorce for Massachusetts on
Q: Hi I want a divorce from my husband I filed then I published it in the newspaper and had to get it stamped and mailed

Til my husband ripped it up. So now what do I do? Do I have to start all over again? I'm so mad

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 17, 2018

This does not make sense that you obtained alternate service by publication and somehow the defendant husband was on the scene at your mail receipt location to tear same up. Publication is for people who are parts unknown. The newspaper has duplicate tear sheets if you had lost it or accidentally... View More

1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: My ex kept of our house in our divorce. She has been unable to refinance for going on five years. What are my options?

She claims she is unable to qualify for refinancing, but the property has been a steady rental for her. It is affecting my credit, as that is a large debt, that I have no responsibility for. It was a VA mortgage and I am the veteran.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2018

Your divorce separation agreement is the starting place. There should have been discussion of when the refinance was to take place and a mechanism for sale of the real estate in the event of inability to qualify to refinance. Failure to follow the terms of the separation agreement /divorce Judgment... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Are orders issued for the "pendency of the divorce" in effect through the 90 day nisi period in Mass?

Are orders issued for the "pendency of the divorce" in effect through the 90 day nisi period in Mass?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 11, 2018

No, once the Court issues a Judgment Nisi, that is what governs.

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1 Answer | Asked in Divorce for Massachusetts on
Q: I am married. Own home,togetherAm leaving. Can he,remove my name from mortgage,or deed to home. Both names on both.

Not interested in house. Only want my personal items such as childrens,puctures. Few,things given to me,by he also convincex me to have my car pyr under hus,name when i bought it. Thank-you.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 5, 2018

The other party would need to refinance the mortgage to have it in his or her sole name. One person can not take another person off of the deed without the other person signing the deed . You should contact divorce counsel as real estate usually has some value and there could be more equity than... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: Can a nh judge make jurisdiction of my brother stay in nh wjen he has lived in mass for 9 months? He have to see hisdad?

My mom got an expatre motion back in January based on my brother being choked/strangle by his dad. Two dcys cases were opened on him, he has mulitple arrests but yet when the decision came in it states that my brother has to speak with his dad 5 times a week. Go with him every other weekend and one... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 4, 2018

It sounds like the New Hampshire Court is recognizing that there could be a change in jurisdiction to Massachusetts and you should consider engaging Massachusetts counsel to advise on the timing of filings here.

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi My divorce separation agreement says my ex & I split my daughter's high school tuition (14600.00).

I applied for and received financial aid (9000.00) that covered more than half of her tuition. My ex is now saying that we split the remaining balance of 5600.00. I believe the remaining balance is entirely his responsibility

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 4, 2018

Your divotce attorney should review your separation agreement with you . Usually an agreement is to divide outstanding expenses in a certain proportion or percentage, but your agreement may be different.

1 Answer | Asked in Divorce for Massachusetts on
Q: My ex lied to me about his salary for years, even after our divorce. Can we reevaluate his child support payments now?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 4, 2018

There are new Child Support Guidelines in effect, so you could seek a Modification. You should at least meet with an attorney to go over your separation agreement to see whether there was language concerning income reporting. Is DOR involved? They monitor support levels periodically for adjustment... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Hi, I am in MA and just had my divorce court date. How soon can I change back to my maiden name?

Do I need to wait the 120 days til its final? What paperwork do I need for Social Security?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 28, 2018

I guess this was a Joint Petition and not a 1B case where the nisi period is 90 days, but the divorce and Judgment entered on the day in question and so you can proceed with your maiden name.

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1 Answer | Asked in Divorce for Massachusetts on
Q: ex husband had car registered in my name and I didn't know about it. now we are divorced and I had to pay fees.
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 14, 2018

You should discuss this with your divorce attorney ASAP and review the Financial Statements you each submitted to the Court for the divorce and the terms of the Separation Agreement.

Are there other misrepresentations or nondisclosures he made?

1 Answer | Asked in Divorce, Child Custody and Child Support for Massachusetts on
Q: My husband has turned the kids against me saying there currant issues are my fault and I am making them sick. What Can i

One has severe depression from years of injuries and a poor middle school experience one has anger issues saying I abandoned her in middle and was not as loving as I should have been. My husband told them I never loved any of them. This is all out of the blue. Husband struggling to help fix... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 14, 2018

First of all, smoking weed with the children is inappropriate and if the DCF learns of this "neglect" on his part, he will likely need to be removed from the home by you or you will need to leave the home with the children or you can be accused of also being neglectful by DCF. Are the... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: who fixes martial home while living in it??

My ex had occupancy of the house for a couple years, the divorce agreement states that she is responsible for maintenance while she lives there, I move back after two years to find a broken bathtub with water damage in couple rooms downstairs, tar on walls, broken lights, broken glass, broken... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 6, 2018

It sounds like there was a lot of damage and you should contact your divorce attorney to discuss whether there is a viable contempt for the waste to the property ASAP!

1 Answer | Asked in Divorce for Massachusetts on
Q: Are a couple's assets divided 50-50 in a divorce?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 6, 2018

In a long term marriage, generally yes. However, there are statutory factors involved which could result in a different outcome. Retirement and pension benefits acquired prior to the marriage are generally not included. Generally with shorter marriages the assets acquired during the marriage... View More

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