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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: As a disabled veteran married for 28 years , if I divorce my wife in Massachusetts do I have to pay her part of my

Disability no children are involved just a house. I get social security Disability and veteran disability.

T. Augustus Claus
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answered on Sep 13, 2023

In Massachusetts, disability benefits such as Social Security Disability and veteran disability benefits are typically considered separate property and are not subject to division during divorce. However, the division of marital property, including assets like the house, is determined by the... View More

2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Thomas Shack III
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answered on Aug 25, 2023

In Massachusetts, it is possible to use a house as collateral for legal fees, but it would depend on the specific circumstances and the specific agreement between you and your specific lawyer.

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2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 28, 2023

It is best to obtain a separate loan if possible as there would need to be separate counsel to review the circumstances of a mortgage promissory note situation. You also want to make sure that you don't violate an automatic asset restraining order if Divorce is or will be started shortly.

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I live in Ma. My spouse live in ga. Where should I file a divorce
T. Augustus Claus
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answered on Aug 16, 2023

Deciding where to file for divorce when you and your spouse live in different states involves considering residency requirements, jurisdictional rules, and personal factors. Typically, you would file in your current state of residence, but it's important to understand the specific residency... View More

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Massachusetts on
Q: Does a trust protect my home purchased before marriage if I am to get divorced?
Michael M Marques
Michael M Marques
answered on Jun 21, 2023

There are a couple of factors to review. a) Was the home placed in a trust prior to or after the marriage? b) Is the trust revocable or irrevocable? c) Whose benefit was the trust intended for? Until recently, trusts were seen as assets when a court decided how assets were to be distributed upon... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: $5000 retainer, received a bill for $7000 not authorized by me, fraudulent billing; $3200 admitted by attorney. .

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'.

John Michael Frick
John Michael Frick
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... View More

2 Answers | Asked in Family Law, Divorce and Probate for Massachusetts on
Q: In Massachusetts is there an agreement that can be filed with the courts for the termination of a domestic relationship?

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... View More

Brian Waller
Brian Waller
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... View More

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1 Answer | Asked in Divorce for Massachusetts on
Q: Why is a divorce case "active" after 10 years?
Brian Waller
Brian Waller
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... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Can I make a correction to my testimony in my divorce?

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

Lillian J. LaRosa
Lillian J. LaRosa
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... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Parties agree to contribute to child's educational expenses ~according to their respective abilities at the time."

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.

Lillian J. LaRosa
Lillian J. LaRosa
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... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Would I have a good chance of being awarded our house if I divorce him?

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... View More

Lillian J. LaRosa
Lillian J. LaRosa
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... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: How is the actual duration of marriage duration calculated?

How is the actual duration of marriage duration calculated?

Brian Waller
Brian Waller
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... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Are the spouses of the divorce permitted to cancel the case prior to the final trial or select the broker?

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... View More

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Can I deny my wife's request for an increase in child support since we are still married and do not have a court order?

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... View More

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Divorce for Massachusetts on
Q: During separation, Is my soon to be ex able to cash/deposit the proceeds from the sale of our home without my consent.

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... View More

Lillian J. LaRosa
Lillian J. LaRosa
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... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: How do I go about getting an expedited contempt hearing?

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... View More

Lillian J. LaRosa
Lillian J. LaRosa
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... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: What does judgment of dismissal means after filing a joint petition for divorce.
Lillian J. LaRosa
Lillian J. LaRosa
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... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi I have been married for 6 years and i was wondering if i qualify for alimony.
Lillian J. LaRosa
Lillian J. LaRosa
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... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Massachusetts on
Q: Hello I'm searching for answers to questions relating to divorce, disability and what constitutes neglect or a crime

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... View More

Lillian J. LaRosa
Lillian J. LaRosa
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... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Can I live in the house if it’s not in my name when getting a divorce
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 20, 2023

A few questions about your situation would need to be answered before a useful response can be give, although title ownership does not mean the occupation of the home by you would not be ordered by the Court..

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