Is husband incarcerated? He can still enter into a divorce Separation Agreement but the logistics are harder if he is. You have not stated enough information to determine whether the agreement is fair and reasonable and this is the Court's standard needed for a divorce to be approved of by the...Read more »
Before he was removed from our home he had “nanny” cams, and would frequently use his phone to record us in our home. At first I was told it’s like a nanny cam and was okay. Now that he lives with us can he still come into my house and record us with his gopro? I do not want to be recorded... Read more »
Recordings are not permitted without consent of the recorded person in Massachusetts. Your mother is authorized to inform him it is unacceptable behavior and may need to address this behavior which is likely being prompted by his father via a Modification of the terms of visitation and possibly...Read more »
So in divorce there is property division and debt division and also the issues of spousal support and medical insurance coverage . There is no one size fits all answer to your question because the factors which the Court analyzes 9n making spousal support determinations are statutory and also...Read more »
They have an agreement that neither party can make a decision in regards to their child without first speaking to other parent and developing an agreement. As having a sibling would effect their child does he and I trying for a child fall under that agreement
This is not a typical construction of a decision concerning the child's health and education and recreation. Does your stipulation discuss this question of additional children ? I've never seen this coming up! It sounds like an intrusion and could well be a violation of public policy that...Read more »
If the other person is cohabiting then that affects alimony and if the person is a risk to the children or the children are not doing well with this individual being around them, then custody can be affected. If wife is spending monies on this other person that affects equitable distribution to...Read more »
We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... Read more »
You should contact an attorney to discuss specific details, there is not much here to go on. If you want a divorce you'll need to go through the divorce process of filing in the probate and family court. If you fear for your safety and your child's safety, for any reason, you should...Read more »
My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... Read more »
As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments...Read more »
I received a contract to teach in a private high school in MA, I have no criminal history, no traffic offense, but I am worried my post divorce issue will showcase me as a person i am not. Can my Background Check CORI shows the post divorce Bench warrant ( even though it has been resolved) and... Read more »
There is a separate Rule -Supplemental Rule 410, concerning exchange of financial information going back 3 years referred to as Mandatory Self-Disclosure, so in a way you would be producing bank account statements but on the Financial Statement form itself you are reporting the current balance as...Read more »
Yes, you do. The Financial Statements are the only way that a judge can evaluate your financial situation and decide if the division of property is fair and equitable and if the support is appropriate. The Financial Statements are signed under penalty of perjury. The court has no other way of...Read more »
The party was due in court on 4/3/20. However, due to the virus the court held a phone conference. The party did not phone in. He is due back in court on the 15th of May, providing the courts are in session. Should I attempt to have him served again and do I just have to pay the Sheriff's... Read more »
From your comment I am understanding that the Deputy Sheriff or Constable was unable to make in hand service of he Complaint and Summons and returned such on the Summons. The next step is to seek a Motion for Alternate Service by publication based on that fact. This would result in an Order that...Read more »
On Dec 17, plaintiff's divorce atty emailed copy of divorce/separate support summons & track assignment notice served on defendant by MGL c. 223A, stated to be considered sufficient since defendant lives in Louisiana; certified letter sent by plaintiff's atty but def. did not see... Read more »
Whatever happened before the Alternate Service by Publication was ordered is not relevant. The Answer to the Complaint should be promptly filed once notice of the Complaint is received by you. You may be eligible for legal services from a local legal aid organization. Bear in mind that...Read more »
Our agreement was that I’d stay on my ex’s health insurance until I had the option of employer provided insurance somewhere. I had recently been laid off when we got divorced. I’m currently doing contract work so I still have no employer insurance option. My ex just got laid off today and his... Read more »
Divorced 2 years ago in Massachusetts through a mediator, split everyting 50/50. He's was a State worker who just retired early, and I found out he is getting 6 months of paid vacation/sick days. What are the odds of me getting half of that if I file for myself at the courthouse with no... Read more »
You actually need counsel to review the Separation Agreement's terms. Usually property division in divorce is a complete resolution . There could be setting aside for fraud if you had no reason to be aware of this financial asset, but this is complicated and time is sensitive.
Unless your separation agreement or divorce judgment as a result of trial specified a termination date for alimony and medical coverage and that no Modification proceeding was necessary, then there should have been a Modification Petition filed by ex-husband and an adjudication in favor of...Read more »
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