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Massachusetts Family Law Questions & Answers
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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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

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: As a disabled veteran married for 28 years , if I divorce my wife in Massachusetts do I have to pay her part of my

Disability no children are involved just a house. I get social security Disability and veteran disability.

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answered on Sep 13, 2023

In Massachusetts, disability benefits such as Social Security Disability and veteran disability benefits are typically considered separate property and are not subject to division during divorce. However, the division of marital property, including assets like the house, is determined by the... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I live in Ma. My spouse live in ga. Where should I file a divorce
T. Augustus Claus
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answered on Aug 16, 2023

Deciding where to file for divorce when you and your spouse live in different states involves considering residency requirements, jurisdictional rules, and personal factors. Typically, you would file in your current state of residence, but it's important to understand the specific residency... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: What does other and further relief as the nature of Mr. Doe cause may require what does it mean?
T. Augustus Claus
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answered on Aug 16, 2023

In a legal context, the phrase "other and further relief as the nature of [Name's] cause may require" is often found in legal documents, typically as part of a prayer for relief in a complaint or petition. This phrase indicates that the plaintiff (the person bringing the case to... View More

1 Answer | Asked in Family Law, Juvenile Law and Probate for Massachusetts on
Q: What does the request by a family court to file a motion to waive a citation mean?

I have recently filed for the name change of my child. The Probate and Family Court returned the petition and all necessary documents, along with the reason for returning being that I should file a motion to waive the citation signed by both parents. i don't understand this request, what... View More

Thomas Shack III
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answered on Aug 8, 2023

In Massachusetts family court, a request to file a motion to waive a citation means that the court is asking you to submit a formal request to waive the requirement of serving a citation to the opposing party. By waiving the citation, the court aims to expedite the legal process.

1 Answer | Asked in Child Support, Family Law and Public Benefits for Massachusetts on
Q: Hi. Can you receive child support if parent is on social security disability?
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answered on Jul 19, 2023

When it comes to child support, the fact that a parent is receiving Social Security disability benefits does not automatically exempt them from their obligation to pay child support. Child support is typically determined based on various factors, such as the needs of the child and the income and... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts

Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 18, 2023

Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the... View More

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Good afternoon, What is the caretaker child exemption law in Massachusetts and how do I qualify for this? thank you

My mom is 92 years old and she is living with me right now as her home is being repaired. I have been taking care of her since 2/2023 when my dad passed away. How can a person qualify for the caretaker child exemption law?

Thank you

Michael M Marques
Michael M Marques
answered on Jul 12, 2023

The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Internet Law for Massachusetts on
Q: My husband allowed me to access his email when married and left his emails and texts on the home family shared computer

We are getting divorced he left private conversations openly on our shared computer between him & a female friend can i screen shot then and use them in divorce ?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

In Massachusetts conversations recording without consent of both parties to the conversation is an offense and the Courts wouldn't allow introduction of same.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I want to go back to my country and take my daughter but my husband won’t let me, or sign for it, what should I do

My mother is sick I want to go back but he refuses to sign to let me return with our daughter, what should I do in legal terms

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

You may be able to petition the court for a divorce and secure the right to take your daughter with you to another nation temporarily. The court's primary concern will be evidence that you will return your daughter promptly to the United States where her father resides after visiting your... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Child is 22 - can support end? Massachusetts

I have been paying child support for 12 years. My child just turned 22 and just graduated with his SECOND associates degree, works 30 hours a week and is planning on working 40 per week in the near future. His mother forced him into the second degree program so child support wouldn't end... View More

Brian Waller
Brian Waller
answered on Jun 7, 2023

Judges have discretion in this situation, but I think it makes sense to go forward with your modification. Based on his employment and age alone, it seems like child support should end. Obviously, this is said with very limited information, but I think it would be hard for your ex-wife to argue... View More

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