My friends wife filed for divorce, 1B. For covid reason, all hearings were postponed. They had only one zoom hearing 6.06.2021. Judge's decision was for them to get agreement and to provide a paper how they both are going to care of kids. Judge gave them 30 days. Until now wife did not respond... Read more »
If the children are unemancipated or minors then there would be child support anyway. The real point is you want to conclude your divorce. You have not stated what type of hearing you had via Zoom. It could have been a pretrial conference and perhaps a trial date is next. Really you seem to need...Read more »
Mother-in-law passed away Jan 2020. Wife had inheritance but did not receive the money until Dec 2021 but placed in a joint account with me. Wife asked for a divorce in Nov 2021 but we are not yet divorced. Is the inheritance, now in a joint account, considered marital property?
In Massachusetts all assets are subject to property division and this would include the inheritance recently received by your wife. Depending upon the statutory application however, which includes length of marriage, marital contributions, relative need, ability to acquire future capital, age,...Read more »
not sure if this question got through previously but my daughter is in a very emotionally abusive situation with a husband of almost 6 years that has complete control over all assets and resources and has a young girlfriend that he stays with during the week in another part of MA. Since everything... Read more »
There are pro bono attorneys such as through the Volunteer Lawyers project of the Boston Bar Association and the major law schools have law clinics which may be a route. She has obvioulsy rights not to be abused and there would be child support orders for the child. If this is a brief marriage...Read more »
Assuming this is a Massachusetts divorce and if your question is whether your interest in the LLC is an asset to be divided by the Probate & Family Court in property division in a divorce, yes is the answer. However, the allocation by the court still depends on the statutory factors so...Read more »
My 6 figure earning husband is asking for spousal support from me after filing no fault divorce in Mass. He deserted me 2 yrs ago and we were only married for 1.5 yrs married (no kids, no property, no joint money). He is well educated and has fancy tech job. As a woman, i was told that i cant ask... Read more »
Spousal support/alimony is statutory and limited by length of marriage and time cohabiting prior to same as well as income differential based on your facts as you have presented it does not look like a viable claim. However, you should still be represented by counsel in a divorce proceeding ,...Read more »
Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... Read more »
It certainly presents a problem as if the USCIS does not recognize that DR dissolution of marriage then any attempt to marry a person in the United States would create an allegation of polygamy (being married to two or more people a the same time).
We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?
Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.
You want to consult with an experience divorce attorney who will review the...Read more »
Your counsel can file a Motion requesting the appointment of counsel for the child. The Court may also determine to appoint a Guardian Ad Litem to investigate and report to the Court concerning the best interests of the child in custody and visitation matters.
I am german, my husband is american living in PA. I will be in MA in Septmeber on a J1 student visa. Since we seperated in January he has been stalking and threatening me so i want to file for a divorce and restraining order as soon as i get to the US. As i do not meet the residency requirements in... Read more »
If you are being threatened- placed in fear of your safety by husband while you are here in Massachusetts you can potentially obtain an abuse protection order from the district court for the location where you are staying seeking restraint that he not contact you and stay away from your home,...Read more »
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 »
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