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Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce for Massachusetts on
Q: Is it possible to apply for a home loan or credit card to help re-establish credit before the divorce is finalized?

In the middle of the divorce process, just waiting for the pre trial hearing. Wondering what the process was for applying for a loan or steps that need to be taken to get that approved. Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 9, 2019

Due to the automatic restraining order on both parties once a divorce complaint is filed and served, unless there is an agreement that you apply for credit it is pre-mature and could be basis for a Contempt Complaint against you if you obtain a credit line or loan. Without knowing the details of... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: I’m an alien married to an American citizen. I’m pregnant. I want a divorce. My husband won’t accept it. What can I do?

I have no means and I’m afraid to have my child taken away as I’m not a citizen only a permanent resident. Im also afraid of being homeless or in financial distress if my husband decides to withdraw support or if i just leave. Please help me to find options.

Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 29, 2019

Your divorcing would have no adverse effect on permanent residency and there are child support and potentially spousal support obligations to you- he just can't leave you high and dry without financial assistance. In divorce Motions for Temporary Support including insurance coverage are addressed... Read more »

1 Answer | Asked in Divorce and Civil Litigation for Massachusetts on
Q: Awaiting Decision after Trial one year ago

We had our trial one year ago this month and I don't understand why it is taking so long to get a decision from the judge and also why does my lawyer fear submitting a status inquiry as to when a decision will be made?

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 9, 2019

You should discuss this with your divorce attorney. It is possible that he or she is aware of the Judge's calendar or other situation causing delay. The Court personnel may be/ probably are aware of the case remaining undecided as well. Your counsel probably does not want to anger or upset the... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Massachusetts on
Q: Can I legally read a sealed court case if my mother has a copy of the case and grants me permission?

As a child I was part of a very intense custody battle. The case has since been sealed but my mother has a copy. Can I legally read the documents If I’m given permission by my mother to read the documents she possesses and the case pertains to me?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 24, 2019

Was there an impoundment order? The parties and their counsel

would have access to information in the file. The file is not public

so there should be no dissemination of the contents without a

vacating of the impoundment order. So if you have concerns then

you should...
Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Separation agrt finalized Sept 2015. Spouse has did not retire at 70. Can ex ask for said retirement monies
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 22, 2019

Hello, this would involve a reading of your separation agreement in the context of the recent cases and should be addressed with your divorce attorney as 4 years ago the spouse's retirement or not should have been contemplated.

1 Answer | Asked in Divorce for Massachusetts on
Q: Is there a tracking assigned to divorce cases in Massachusetts or a standard time constraint for decisions on cases?

Been waiting 10 months since delivering proposed judgment to my case judge and have had no response.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 11, 2019

There is an overall guideline and 10 months is long, but you should discuss this with your divorce attorney and also check the public docket.

2 Answers | Asked in Divorce for Massachusetts on
Q: I divorced my wife of 29 years,after 2years we remarried. can she pursue assets she let me keep in 1st marriage

i may want another divorce

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 8, 2019

Your remarriage to your former spouse is a new short marriage.

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1 Answer | Asked in Divorce for Massachusetts on
Q: Any legal recourse?years ago was charged with lewd and lacivious conduct in MA. The other party was in his 20s

Along with another 14 year old girl. We were charged with sexual acts in public. This was about 18 years ago. We were with two men in their late twenties. As an adult parent of a 14 year old, and kn retrosepct, I know that I was a victim of these men. I feel as though I was a victim of the court,... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 8, 2019

There are attorneys who specialize in sexual abuse cases and this is not really a family law question.

1 Answer | Asked in Divorce for Massachusetts on
Q: Will I win in court in MA if I've offered to pay 100% of all college costs in lieu of child support and ex said NO?

I have a clause in my decree that states "Child support received shall go towards college costs/expenses" My ex has informed me that she will not put support towards college. I have offered to pay 100% of college and all related expenses in lieu of support and she has said NO. College... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 1, 2019

I don't know how long ago you were divorced and when the child support guidelines were calculated , so I can only generalize that the new Guidelines take the individual facts involved into consideration and your separation agreement seems to be in-line with your proposal. However, if she is... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: I'm divorced, but still have my ex on my insurance. I'm getting re-married. Do I have to still pay for my ex's insurance

This is the statement in my divorce decree. "If husband elects to place a domestic partner on his insurance, any increased cost will not qualify as an additional cost for the purposes of this order, and husband shall to maintain wife on the insurance policy regardless of the increased cost."

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 5, 2019

Looks like it to me from what you have quoted, but there could well be other provisions or clauses and you should really review this with your divorce attorney .

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: No contact question RE: child custody

I’m in the process of filing for separation support, legal separation and child support. My husband of 7 years committed adultery and deserted his family for one of his employees.

We have 2 children. Our oldest is in therapy and is having a very hard time with this situation, as an I.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 14, 2019

If you have counsel the attorney should file a Motion for temporary orders concerning visitation so that this third person/romantic interest not be present during visitation as it is distressing for your child who is in therapy over the break up. You should also seriously consider engaging... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Hi, I am looking for a lawyer who does pro bono work. I am on permanent Social Security Disabilty so my income is low.

I am looking to file for alimony. My husband and I have been seperated for 1 year. He does well for himself while I barely make ends meet. I am on a fixed income which makes it almost impossible to live and pay bills with anything left over. Any information or help that could be given or put me in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 8, 2019

You should consider filing a Motion for a Fund to be paid for your retention of counsel if he does well financially and you are struggling.

1 Answer | Asked in Divorce for Massachusetts on
Q: . How are assets split when wife cannot be located. Service by publication. Married less than 8 yrs

Married 2/11. Wife is drug abuser, no known address. Her mother is last known but I get no response from anyone. Courts granted service by publication. Filing under irretrievable breakdown

Lillian J. LaRosa
Lillian J. LaRosa answered on May 8, 2019

This is a medium length marriage, but you have not stated how long you have not been together nor whether you lived together prior to marriage nor whether either of you came into the marriage with assets and pension/401(k)s and whether there was an increase in the assets/value since the marriage.... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Currently filing for divorce.

Separated 2+ yrs separate residences. Currently Buying out my siblings share of fathers house. If I buy house before divorce is final is she then entitled to half of my house?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2019

Prior to a divorce judgment the property would still be marital property in Massachusetts and subject to equitable distribution. You should wait to purchase real estate until the divorce is concluded.

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: Hello! Can I file for shared custody in a court in Massachusetts if my kids live in Puerto Rico with their mom?

If so, how long would it take for the court to make a decision?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2019

If the children have been living in Puerto Rico for more than 6 months, Massachusetts would not have jurisdiction. You would need to pursue a Custody Complaint or if there are extant orders/judgment in Divorce or Custody and Support, a Modification there .

2 Answers | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Does the domestic violence victim have the right to meet with a judge to file a legal complaint against their spouse?

Good friend in Massachusetts is the spouse and husband in a domestic violent relationship. Recently asked for divorce in a 22 yr marriage, 4 kids (1 left in the house age 13) and the spouse is physically and emotionally abused. Recently unemployed, and wife does not work. Since asking for... Read more »

Lissa McKinney
Lissa McKinney answered on Apr 28, 2019

No- he does not have any right to meet with a judge privately if that is what you mean. He also needs to proceed very carefully documenting the wifes abuse and outbursts too as in 2 seconds she will turn it around on him and claim he has abused her. And it is likely when a woman claims abuse that... Read more »

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2 Answers | Asked in Divorce for Massachusetts on
Q: What happens directly after serving my spouse with divorce papers? Like the next step.
Joshua H Bearce
Joshua H Bearce answered on Apr 2, 2019

This depends upon the circumstances of the case. If there are issues which require immediate resolution, the parties often exchange their Rule 410 mandatory disclosures, and attend what is called a temporary hearing to establish the orders which will be in place during the divorce. These can be... Read more »

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2 Answers | Asked in Divorce and Tax Law for Massachusetts on
Q: If wife asks for divorce,both parties still live home with 3 kids, can husband to file taxes and claim 3 kids secretly

Nothing has been filed, not separated. He told her after he filed. He also changed his ira & life insurance and took wife off of it all.

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 25, 2019

If there are no Court Orders nor is there even a divorce complaint filed, there is no impediment to husband doing so. Your friend should file for Divorce and engage counsel to protect her rights as she seems to be in the dark on same.

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1 Answer | Asked in Divorce for Massachusetts on
Q: I am currently out of work since April due to medical condition. I need legal help to stop paying my ex alimony ?
Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Mar 8, 2019

I need legal help to stop paying my ex alimony ?

Is your question: Do I need legal help to stop paying alimony? Sounds as if you do, based on what you have written. An attorney will file a Complaint for Modification with the court. The modification will seek to reduce your alimony...
Read more »

2 Answers | Asked in Divorce for Massachusetts on
Q: I get tax free stipend payments from the government for caring for a vet. Do i Report in divorce financial form?

This is not a form of employment. This income is tax-free. Not sure if I need to report on financial form or if reporting so makes any difference.

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Feb 28, 2019

Yes you do. All income is to be reported.

For the definition of income for ALL support issues Google:

" Current CHILD SUPPORT GUIDELINES as amended June 15, 2018, I. Income Definition, A. Sources of Income

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