Massachusetts. Children. No Physical custody, No relationship exists. Joint Legal custody. Mother has alienated and isolated father from children's lives. Children are reaching age of college. Father is not in a financial position to support college and also does not desire to support college... Read more »
The Court will be aware of he Contempt filings and you should pursue them if you have not obtained Summonses with hearing dates , make contact with the Court. The Court would determine child support and college contributions of the parties and can consider the overall circumstances. However, be...Read more »
Presumably you are talking about medical decision-making concerning the minor child of the parties? If si, and you have been granted decision-making authority the other parent is therefore not authorized to select the provider and make the appointment at all!
If the children were not living in Massachusetts for the last 6 months or more, Massachusetts would not have jurisdiction of the children unless the parties agree or agreed that Massachusetts would have jurisdiction .
We are going to file uncontested and we have written up a separation agreement. MA law says that we can file in the state if “you have lived in the state for one year, or if the reason the marriage ended happened in Massachusetts and you have lived in Massachusetts as a couple.”
You have not stated how title to the real estate is held. Be very careful at the closing to get your check and the best way to do this is to have an attorney involved at least to review your Separation Agreement terms and Financial Statements and self-disclosure docs. and make sure all goes ok with...Read more »
My husband recently asked me for a divorce after a discussion with him I accepted that our marriage was over. We have not filed any paperwork yet. The other day he told me he was going to bring a girlfriend over to our marital home. I told him absolutely not. Is this OK? He did not bring the girl... Read more »
You can commence divorce proceedings to obtain orders that he vacate the marital home and potentially for spousal support depending upon your circumstances. You should have counsel to represent you as he seems to be trying to upset you and overwhelm you. Also, see your primary care physician or...Read more »
First of all, were you and she living in Massachusetts at some point during the marriage so that is this the place of the marriage break down occurrence ? Were there property interests acquired here in Massachusetts? If there is a connection with this state then on Motion for Alternate Service a...Read more »
My husband wanted to give me the house outright and keep all his pensions/retirement accounts and not pay alimony. It was a 24 year marriage. His lawyer said that a judge would not do that. Can a judge block an agreement if both parties agree to it.
I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner... Read more »
So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a...Read more »
I have split parents, they have been divorced since I was 5. My mother has been abusing me mentally. I know this always gets over looked as the child overreacting but this isn’t some joke. My parents have equal custody, can I request to live with my good parent?
If you are being mentally abused, have you told a Mandated Reporter such as a pediatrician , social worker, mental health counselor, psychologist, or school guidance counselor or school official or DCF hotline # about this matter and the underlying facts which constitute mental abuse? Is the...Read more »
i did not waive future alimony. I was married twenty years. i was a stay at home mom 10+ years. I am disabled. I receive SSI. I do not work. I was homeless. Now I live off of SSI and I can not babysit anymore due to fibromyagia and arthritis. My ex husband makes a lot of money. I need help... Read more »
This sounds like a Modification Complaint for current alimony if his situation has improved significantly and it sounds like your situation has deteriorated. You would need to have him served out of state .
Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.
It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.
I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »
You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification...Read more »
If real estate is held in common, a petition to partition is needed. In divorce there is property division and this is a distinction. In a divorce all assets regardless of how held are considered marital property to be divided and not the sole property of a spouse until or unless the Court so...Read more »
The money is from half the equity from the sale of our house. My spouse was required to sell within 5 years. I let her live there until she retired, but it has been 15 years since the divorce. I also signed the deed over to her a few years ago. She died last year, and our children now own the... Read more »
This is really a taxation question. Waiting and not filing a Modification Agreement to change the sale date may be problematic for enforcement purposes as well. The creditor claim period is one year from the date of death also.
She is paying high alimony & child support now due to high income from W2 + K1( from business income reported on her tax return). Is it legal for her to change her S corp to C-corp so her future income from C corp will be far lower that is based on W2 only? Her company is growing and needs to... Read more »
It depends upon the wording of your separation agreement/Divorce Judgment if you are divorced or temporary orders if there is not a final resolution . If the document is truly silent then not required to do so.
My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?
It looks like it is a marital asset to be divided equitably by the Probate Court if the parties are unable to agree on property distribution. You have not stated the duration of the marriage or other circumstances so assuming at least 10 years it is possible that the Court would assign 50% of the...Read more »
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