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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: How to prevent college support when not in current order where no relationship exists? (Parental Alienation)

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2021

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 »

1 Answer | Asked in Divorce for Massachusetts on
Q: Final divorce decree in MA gives me medical decision making - can ex choose a provider and make appt without asking me?

Thank you - yes, we have 2 minor children, I have primary physical custody, and we have shared legal custody but I have medical decision making.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 22, 2021

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!

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: Family/Divorce: Hi, I am finalizing divorce in Canada but we are both Americans. Can my ex file for divorce in US?

How to protect my parenting rights agreed on if in different jurisdiction?

We are relocating to US, different states!

Thanks

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2021

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 .

1 Answer | Asked in Divorce for Massachusetts on
Q: My partner and I are in MA and planning a divorce. Can we file while selling our house?

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.”

I... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2021

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 »

1 Answer | Asked in Divorce for Massachusetts on
Q: Divorce Question

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 14, 2021

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 »

1 Answer | Asked in Divorce for Massachusetts on
Q: I am legally married but have not been with my wife is more than 10 years.

I cant locate her at this point and wanted to know what my options are to get legally divorced.

Lillian J. LaRosa
Lillian J. LaRosa answered on May 12, 2021

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 »

1 Answer | Asked in Divorce for Massachusetts on
Q: Can a judge block a division of assets agreement in a divorce if both parties agree whether is seems equitable or not?

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.

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on May 11, 2021

Yes. It is not unusual for a judge to reject a division of assets, especially when the parties or a party is not represented by an attorney.

It looks like you do not have an attorney and it is clear from your question you do not understand the process a judge must go through to approve a...
Read more »

2 Answers | Asked in Divorce and Real Estate Law for Massachusetts on
Q: How do I have my Ex husband removed from the deed of our home? The divorce from 2017 states the house is to be mine.

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 7, 2021

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 »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: Can a child request a custody change if they feel they are being mentally abused?

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?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 8, 2021

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 »

1 Answer | Asked in Divorce for Massachusetts on
Q: how do a file for alimony 8 years after divorce?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 8, 2021

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 .

1 Answer | Asked in Divorce, Child Support, Employment Discrimination and Probate for Massachusetts on
Q: How to go forward with a judge that works with my husband for 20 years ruled against me and my husband told me he would
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 1, 2021

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.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I want a divorce. I live in Massachusetts, My husband left to PR and thought I would follow, but I said no. How to file?

We own a house in PR. I have my youngest son (16) living w/me at my sister’s. I had to abandon my apartment. I can’t afford rent on my own. Can I file in MA vs PR. He left in Oct 2020.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 26, 2021

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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can a joint custodial parent veto a particular child therapist?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

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 »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Have two family members refusing to sell a property and leaving spouse without money. What can we do?

I know that in the state of MA the spouse is to get everything but this has gone on long enough and we need help asap

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 19, 2021

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 »

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Do I have to claim as income a cash settlement that is part of the divorce agreement?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

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.

1 Answer | Asked in Divorce for Massachusetts on
Q: Are there divorce lawyers who help with women who are married to emotionally, psychologically abusive men, narcissist
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 11, 2021

In divorce the notion is that the facts of the case matter for both parties.

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Support for Massachusetts on
Q: Can owner change her S-Corp to be taxed as C-corp so her income for support will be lower based on W2 only in divorce?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 9, 2021

It depends upon the terms of the Separation Agreement/Divorce Judgment and the Judge's perspective on the level of income available for alimony and child support.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: should i give my ex my child stimulus I receive because I claim one of our children and she claim one ?

she is the custodial parent and i am not late on child support

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 5, 2021

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.

2 Answers | Asked in Divorce, Estate Planning and Tax Law for Massachusetts on
Q: My spouse's dad passed away in May and the estate is being questioned by my wife and her 3 siblings.

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 ?

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Dec 29, 2020

Your question: "My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?"

Based only on what you write, none.

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1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: Divorce ??? I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).

I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).

My wife has filed for divorce.

She was not added to deed / mortgage because at the time of purchase she was in arrears with the DOR for back child support from another... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 3, 2020

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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