Never authorized to go beyond $5000, when attorney was questioned as to the items in the additional $7000 a reply via email stated it was for conferring with opposing council. Attorney was told that there was no opposing council. Attorney responded via email that the charge was a 'mistake'.
answered on Jun 1, 2023
Mistakes actually do happen. A mistake is not "fraudulent billing." Some billing programs assign numbers to clients and particular matters. The attorney, or the person entering the attorney's time, may input the wrong numbers, and a time entry may appear on the wrong client's... Read more »
My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... Read more »
answered on Apr 24, 2023
You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... Read more »
answered on Dec 6, 2022
Most likely it is just an error by the registry unless there has been a recent filing. You could contact the registry for the county where the divorce occurred and ask them to close it, but probably not worth the effort as there is no consequence to the "active" designation if there is no... Read more »
My husband said I put $50,000 in his IRA and I agreed with him in court but I only put $25,000 - I put $50,000 in our iras combined - is there a way I can tell the judge this - I am able to prove it - my laywer says no but that seems unfair
answered on Oct 18, 2022
So was this at the divorce trial? If the trial is ongoing then I believe if requested by the parties they can jointly amend the record by stipulation or Motion as you apparently answered a question too quickly!! Perhaps a Motion to seek correction of testimony would work. If the trial is over and... Read more »
Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.
answered on Oct 17, 2022
A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... Read more »
My husband lost his job 7 years ago and has not worked since. I am disabled and have been paying all of the bills. He applied for early retirement at 55 (he is now 57) and only gets $600 a month. He pays for gas for the car, that's it. A few months after he lost his job we were behind on our... Read more »
answered on Oct 17, 2022
If these are the facts, then you have am argument to make to the Court that the equities are on your side of the balance sheet, but you should engage a divorce attorney and not try to present this information yourself. Divorce is not a paint by the numbers or press the lever and get the outcome... Read more »
How is the actual duration of marriage duration calculated?
answered on Sep 21, 2022
Unfortunately, it depends. For purposes of alimony, the duration of marriage is calculated as the date of marriage through the date of service of the Complaint for Divorce. So, if your ex-spouse filed on March 19, 2021, it would be whatever date after that you were actually served with the divorce... Read more »
In this case, both lawyers decided to sell the property (house), and select the broker. They agreed to give the spouses 5% of the house value to get an apartment and keep the remainder in escrow until the case is finalized because the spouses disagree on the percentage split. Will the escrow... Read more »
answered on Sep 6, 2022
You would need to notify your counsel that this deal may not be viable due to the lack of income for an apartment and you have not stated what State you are in so the laws of that State are applicable with regard to child support and alimony.
I am married, but have been separated from my wife for 15 years. We have two children together, so I have been paying child support per a verbal agreement between my wife & I. She has raised my payments many times over the years any time her rent increased. Now, both children are over 18 and... Read more »
answered on Aug 30, 2022
You are not under any Court Order and there is no proceeding pending in any Court correct? Then everything you have done is voluntary and the longer you stay married the more complicated your divorce get!!! If you die then she is your heir!!! Get a lawyer contact pro bono law school programs.
My wife of 30 years and I are getting a divorce. Mediation broke down and we are currently selling our house. She wants more than 50%. Without a mediation agreement in place, is she able to deposit or cash the check without my signature? I live out of state? I hope to have a mediation agreement in... Read more »
answered on Aug 22, 2022
You and wife were living in Massachusetts correct? This is what I am assuming. Are you on the Deed? If there is no divorce complaint on file with the Probate Court, the closing attorney would make the check payable to the title holder. Your filing and serving a divorce complaint and summons on your... Read more »
My ex has primary custody of our kids. They live in filth and squalor, sleeping in beds with moldy food, used tampons, etc. I have video and photographic evidence, along with my ex admitting to the conditions in text messages, asking me to help clean, and stating, "I can't put all my time... Read more »
answered on Jul 13, 2022
It does sound like neglect from your description of the children's living situation and the DCF can be contacted to investigate. They will know a divorce is pending and that you are a party. Is this a new distinguishable state of affairs in the household ? One of the questions that will be... Read more »
answered on May 19, 2022
Your Joint Petition did not successfully go forward when heard by the Judge, hence no divorce . You should engage divorce counsel to see what was deficient or inequitable about your Separation Agreement attempt. Perhaps there was also deficiency in the documentation , e.g, Financial Statements or... Read more »
answered on May 18, 2022
Any alimony would be for 60% of the period of the marriage, so for about 43 months but the issue is ability to pay and income differential and you have not stated whether there ae any children as child support is the first consideration and effects alimony. There are also types of alimony to... Read more »
I'm disabled
Epipsy, PTSD and severe panic disorder.
After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... Read more »
answered on Apr 28, 2022
It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... Read more »
Want to leave the household before divorce which will take 6 months but afraid husband will come after me physically
answered on Jun 2, 2023
You sound like you may need an abuse protection order if your safety is threatened by your partner. In a divorce you can motion the Probate and Family Court to have the dog reciting your history of caring for the pet.
This is my friend second time being cheated on by her husband.They’ve been married for 35 years but don’t have biological kids together she have biological kids he stepped in & help raise since they were 5 & 7! Now they’re adults. She’s been a stay at home mom since forever! His... Read more »
My spouse and I have fallen out of love and we want a divorce.
answered on Mar 3, 2023
File a petition for divorce where you live and properly serve your spouse under The Hague Convention.
My ex and i were married, in massachusetts, for five years. 2022 we decided to file our taxes "married filing separate." With the divorce final on 3/28/2023, would i still have to give my ex half my tax return? Does the divorce mean i should consult a tax specialist to file my taxes for me?
answered on Jan 23, 2023
The method of filing and the disposition of refunds or monies owed to tax authorities is usually dealt with in the body of the Separation Agreement. You should review the document preferably with the attorney who represented you on this issue.
She was granted attorneys fees of $5,000, but husband refuses to pay, charged with contempt, got an extension to pay, contempt charges filed again, pending. He was supposed to pay her a min amount for reestablishment, refused. She only gets sons on weekend, agreement is she has to take them to... Read more »
answered on Nov 15, 2022
She needs to continue to pursue the Contempt and sounds like there are more issues where a Contempt may lie, so try to obtain counsel!!
Filing jointly for a divorce in Massachusetts. Both the Separation Agreement and Financial Statement forms need to be notarized. I was told I'd need 3 copies of each form which begs the question, does each copy have to be notarized or can I just get one notarized and photocopy it twice?... Read more »
answered on Oct 12, 2022
You need the three originals as the Court has one on file and each party has an original.
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