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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce, Foreclosure and Real Estate Law for Massachusetts on
Q: My ex wife’s mortgage is in my name, if she stops paying the mortgage will it hurt my credit?

She’s responsible for all costs associated with the home per the divorce decree. I have a perfect credit score and I really don’t want this to screw things up. She hasn’t paid it in 2 months. I’m really not sure how to go about this.

Timothy E. Angley
Timothy E. Angley answered on Dec 10, 2019

Short answer: Yes, it will hurt your credit. If your name is on the mortgage and it is being reported to the credit agencies, then as soon as that mortgage is reported as late that will be a ding on your credit. You can dispute your responsibility for the expenses with the agencies, but until... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My child support was 289.00 a week, we made an agreement to bring it down to 180.00 a week.Can she go back and raise it
Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

If there is a material change in circumstances of the parties or child, yes, there may be further modifications.

1 Answer | Asked in Divorce for Massachusetts on
Q: I am planning to file for divorce is there any way to protect what little assets I have? Physical abuse involved

Reside in MA 4 teenage kids full time 2 biological, 2 stepchildren

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 31, 2019

You should assemble as many financial records as possible and make copies- the more documents you have, the better and will save money and time on the proceeding. Start working on your Financial Statement as well. Since there are step children you should know what the status is of child support for... Read more »

1 Answer | Asked in Divorce and Child Custody for Massachusetts on
Q: My daughters therapist filed a 51a against my ex.for severe emotional abuse.do i still have to let her go on visits?

This is court ordered visitation but today the therapist said no visit tomorrow and filed the 51a.she is terrified because he knows she is getting lawyer and he will be vicious with her..he is treating her like he did me

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 28, 2019

You would need to ASAP file an Emergency Motion and Affidavit seeking Modification of any existing Orders or also a Modification Complaint if there is a Judgment, detailing that the child's therapist has filed an abuse 51a and recommends no visitation in the child's best interests.

1 Answer | Asked in Divorce for Massachusetts on
Q: My ex's attorney does not respond when I followed up on the status of our divorce case

We got married in Philadelphia and my ex also lives there now. I moved to Boston, MA after separation. My ex hired an attorney in Philadelphia and filed a divorce with court stamped date of 10/22/18 and we were separated since 7/18/18. It has been a year since he filed the divorce but I have not... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 23, 2019

You can check with the Court Clerk in the Philadelphia Court on the status of the case with the docket number assigned to the case which should be on the document you had received and you can usually obtain copies from the Clerk of the docket and other documents- there may be/probably is a fee.... Read more »

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: My ex husband died last month owin 8,000 in back child support. He owned the house with his brother which will be sold.

We all lived in MA & The house is in MA. My ex husband and i have 2 children who are 17 and next of kin for his assets which were under 25,000, there was no will. His brother is now sole owner of home but is going through a divorce and house will be sold. Can i put in a claim through the house for... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 15, 2019

You should hire a probate practitioner as there is a specific way to perfect a claim against an estate that must be followed . Was his brother a joint tenant of the real estate? If not then he may not be the sole owner.

1 Answer | Asked in Divorce for Massachusetts on
Q: Hello! I just received an answer but have a question about the answer... (Thank you btw)

This is the answer: The Court Order would normally state who is responsible for payment for the therapy services. If it is silent then it would be treated like other medical services.

I don't know what 'silent' means?

TIA!!!!

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

"Silent" means if the Order does not so state.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: If my ex needs to go to therapy for a fractured relationship with our child, am I responsible for half ?

We do share medical expenses, but is therapy included in that umbrella?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 4, 2019

The Court Order would normally state who is responsible for payment for the therapy services. If it is silent then it would be treated like other medical services.

3 Answers | Asked in Divorce for Massachusetts on
Q: If both parties want a divorce and don’t share any assets or kids do they still have to give financial documents?
Julia Rueschemeyer
Julia Rueschemeyer answered on Sep 24, 2019

Yes, you do have to give financial statements. This is the only way that the court knows your financial situation and can judge whether a divorce agreement is fair.

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1 Answer | Asked in Divorce for Massachusetts on
Q: Is it possible to apply for a home loan or credit card to help re-establish credit before the divorce is finalized?

In the middle of the divorce process, just waiting for the pre trial hearing. Wondering what the process was for applying for a loan or steps that need to be taken to get that approved. Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 9, 2019

Due to the automatic restraining order on both parties once a divorce complaint is filed and served, unless there is an agreement that you apply for credit it is pre-mature and could be basis for a Contempt Complaint against you if you obtain a credit line or loan. Without knowing the details of... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: I’m an alien married to an American citizen. I’m pregnant. I want a divorce. My husband won’t accept it. What can I do?

I have no means and I’m afraid to have my child taken away as I’m not a citizen only a permanent resident. Im also afraid of being homeless or in financial distress if my husband decides to withdraw support or if i just leave. Please help me to find options.

Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 29, 2019

Your divorcing would have no adverse effect on permanent residency and there are child support and potentially spousal support obligations to you- he just can't leave you high and dry without financial assistance. In divorce Motions for Temporary Support including insurance coverage are addressed... Read more »

1 Answer | Asked in Divorce and Civil Litigation for Massachusetts on
Q: Awaiting Decision after Trial one year ago

We had our trial one year ago this month and I don't understand why it is taking so long to get a decision from the judge and also why does my lawyer fear submitting a status inquiry as to when a decision will be made?

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 9, 2019

You should discuss this with your divorce attorney. It is possible that he or she is aware of the Judge's calendar or other situation causing delay. The Court personnel may be/ probably are aware of the case remaining undecided as well. Your counsel probably does not want to anger or upset the... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Massachusetts on
Q: Can I legally read a sealed court case if my mother has a copy of the case and grants me permission?

As a child I was part of a very intense custody battle. The case has since been sealed but my mother has a copy. Can I legally read the documents If I’m given permission by my mother to read the documents she possesses and the case pertains to me?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 24, 2019

Was there an impoundment order? The parties and their counsel

would have access to information in the file. The file is not public

so there should be no dissemination of the contents without a

vacating of the impoundment order. So if you have concerns then

you should...
Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Separation agrt finalized Sept 2015. Spouse has did not retire at 70. Can ex ask for said retirement monies
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 22, 2019

Hello, this would involve a reading of your separation agreement in the context of the recent cases and should be addressed with your divorce attorney as 4 years ago the spouse's retirement or not should have been contemplated.

1 Answer | Asked in Divorce for Massachusetts on
Q: Is there a tracking assigned to divorce cases in Massachusetts or a standard time constraint for decisions on cases?

Been waiting 10 months since delivering proposed judgment to my case judge and have had no response.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 11, 2019

There is an overall guideline and 10 months is long, but you should discuss this with your divorce attorney and also check the public docket.

2 Answers | Asked in Divorce for Massachusetts on
Q: I divorced my wife of 29 years,after 2years we remarried. can she pursue assets she let me keep in 1st marriage

i may want another divorce

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

Your remarriage to your former spouse is a new short marriage.

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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,... Read 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... Read 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... Read 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.... Read 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... Read more »

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