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Massachusetts Family Law Questions & Answers
0 Answers | Asked in Family Law for Massachusetts on
Q: My sister recently passed. I was appointed legal rep. She only has about 3,000 in her account. Who pay first? Credit?

I did receive a life insurance in my name that i used towards burial. Hospital said their bills might absorb because she has only a little in bank. Not sure where to start

1 Answer | Asked in Family Law and Civil Rights for Massachusetts on
Q: Can dcf ask a caretaker(guardian) for releases for Dr.s, when allegations/case were on the parent?

My daughter got a case open with dcf. During that time I went and got temp guardianship and now have full guardianship for past 7 months. Each month dcf has something new they want in order to close (my daughters) case. Which my daughter is no longer around. They now are asking me to sign releases... View More

James L. Arrasmith
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answered on Feb 24, 2024

Based on the information provided, it does not seem reasonable for DCF to require you as the guardian to sign releases for your medical records or other private information. Some key points:

- The allegations and original case were against your daughter's parent, not against you as the...
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2 Answers | Asked in Family Law, Civil Rights, Health Care Law and Nursing Home Abuse for Massachusetts on
Q: Steps on how to move my mom back to the states from Puerto Rico after just living there for two years ?

My mom moved two years ago to take care of her mom. A month ago my grandmother had a stroke. And her siblings have told us that my mom herself is not doing well. My mom’s family has Alzheimer’s in her family. My sisters and I have been trying to get her paper work and ID to get her back, her... View More

James L. Arrasmith
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answered on Feb 24, 2024

To move your mom back to the states from Puerto Rico, especially under these complex circumstances, it's crucial to approach the situation methodically. First, gather all necessary documents that prove your relationship to your mom, such as birth certificates and any legal documents pertaining... View More

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1 Answer | Asked in Immigration Law, Divorce and Family Law for Massachusetts on
Q: How are assets split in a marriage between a H1-b visa holder and their H-4 dependent?

Hi there,

I am an Indian Citizen living in the US on an H1-B visa. I plan on marrying my childhood sweetheart (an Indian citizen) and bringing her over on a H-4 visa.

In case we decide to get a divorce in the future, how will our assets be split?

1. What happens to my and my... View More

James L. Arrasmith
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answered on Jan 27, 2024

In the event of a divorce in the United States, the division of assets can vary significantly depending on the state where the divorce proceedings take place. Most states follow either community property or equitable distribution principles. In community property states, assets acquired during the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Massachusetts on
Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation

I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More

2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Christopher Tolley
Christopher Tolley
answered on Jan 22, 2024

What was your agreement with your BF when he signed the loan documents in 2021? Did you convey title to him or did he merely sign the new mortgage? What, if anything, did he pay you for an interest in the property? Has he paid any mortgage payments, contributed to the upkeep and maintenance of the... View More

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Is my boyfriend legally obligated to provide my name and address to opposing counsel during his divorce?

What are my rights for privacy? His divorce is in the RI courts. He filed for an irreconcilable differences divorce and our relationship has nothing to do with the divorce. His wife is looking for reasons to tip the table in her favor in regard to splitting assets.

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If the divorce is in RI, that is where the question should be asked. Presuming that the standard as to what your BF needs to provide his wife when asked are the same, then yes, his wife's attorney is entitled to know your name and how to contact you. You may be able to lead his wife to the... View More

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: My siblings and I recently inherited our parents’ house after they died. One of my brothers wants to purchase the house.

If the house is appraised at $450,000, does my brother pay me and my other sibling ⅓ each ($150,000) or ½ each ($225,000)? Since he will be owning the house and could turn around and sell it at any time, does he also get a portion (1/3) of its value? Is that getting two bites of the proverbial... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More

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2 Answers | Asked in Family Law, Immigration Law, Personal Injury and Domestic Violence for Massachusetts on
Q: Greetings. My name is Mikael 34 years old.I've been victim of domestic violence. Can i file for citizenship?

We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.

James L. Arrasmith
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answered on Jan 8, 2024

Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.

Regarding your citizenship query, being a victim of domestic violence does not automatically qualify...
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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Divorce vs anullment?

Me and My partner both agree to file for an anullment. We meet one of the criterias that is required for filing anullment. There are no kids involved,, we only been married for 3 months. We both have no property and no assets nothing to share. How long will it take for us to get an anullment? Will... View More

T. Augustus Claus
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answered on Jan 1, 2024

Annulment and divorce are legal processes that address the end of a marriage. An annulment is a legal declaration that a marriage is considered void or never valid from the beginning. In your case, if you meet the criteria for annulment and both parties agree, it might be a viable option.... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: We can no longer care for our adult disabled son need someone to be guardian need help
James L. Arrasmith
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answered on Dec 14, 2023

If you're in a situation where you can no longer care for your adult disabled son and are seeking a guardian, the first step is to understand the legal process for guardianship in Massachusetts. Guardianship involves a court appointing an individual or organization to make decisions for an... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I file a divorce completely online without having to go to court if my partner is in agreement with the divorce?

We have no children, property, assets or bank accounts together so I was wondering if we could file the paperwork electronically or by mail and skip the in person court process since we don’t have anything to split up between each other, thank you

Brian Waller
Brian Waller
answered on Dec 9, 2023

You can e-file all the required documents with the court, then the court will typically schedule you for a Zoom hearing. The e-filing system isn't entirely intuitive, but if you are somewhat tech-savvy you will be able to figure it out. You can also mail the documents to the courthouse instead... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I have primary physical custody of my daughter, mom has joint. Mom gets daughter fri-Sun and refusing to return Now what

Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 4, 2023

If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can my spouse sell the house without my consent? Only his name is on the deed, he bought the house after we got married

He bought the house after we got married in Massachusetts. My name is not on the deed.

Brian Waller
Brian Waller
answered on Dec 9, 2023

If a divorce has been filed, he would be prohibited from selling the property without your agreement or an order of the court based on the automatic restraining order (Rule 411). It would be a good idea to file for divorce ASAP if you haven't yet, you could ask the court to prevent him from... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Massachusetts on
Q: Can my grandson take my house away from me?

My mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 17, 2023

If she is missing her Will she can "replace" it by doing a new one if she is competent.

2 Answers | Asked in Contracts, Family Law and Landlord - Tenant for Massachusetts on
Q: Co-tenants signed lease together and are breaking up.

Our daughter and boyfriend signed a housing lease. 4 months remain. Our minor grandson (10) visits and stays in his own room on the weekends. The boyfriend states his financial obligation moving forward, will be 1/3 of the rent. The boyfriend did make less money than our daughter when they signed,... View More

Christopher Tolley
Christopher Tolley
answered on Oct 4, 2023

I assume the lease states your daughter and the boyfriend are 'jointly and severally' liable for the rent. This means that each is liable for the entire rent. In the event of dispute, the landlord can seek the entire rent from either your daughter or the boyfriend or both. I don't... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: I live in Massachusetts and have a divorce agreement that states I have to breathalyze for my ex husband at 7am and 3pm

I did not do it this passed weekend. Can he take my children away?

T. Augustus Claus
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answered on Oct 3, 2023

If your divorce agreement includes specific requirements like breathalyzer tests and you fail to adhere to them, the other parent might use this as a basis to request a modification of custody or visitation arrangements. However, taking the children away would typically require a court order. If... View More

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