Unfortunately, the lender can foreclose on the mortgage even though only your name is on the deed and only your ex-husband's name is on the mortgage. As long as the mortgage was validly created, regardless of who gave it and who currently owns the property, a lender is always entitled to... View More

You can certainly file for divorce and the Court can enter temporary alimony orders and when the child is born also child support and custody and visitation orders. The child will be regarded as a child born of the marriage and if you are not working due to child care needs there is the... View More

You should promptly meet with a divorce practitioner to discuss the length of the marriage, ages of the parties, income of the parties, ability to acquire future capital, etc. which are among the factors for property division determination. If there has been no financial investment from the... View More

You can file immediately after. There is no waiting period.

Your question is: [In a Massachusetts divorce], am I required to give half of a trust my uncle set up for me to my ex?

There is no law that requires this. The law only says that all property of both parties will be divided fairly. If the parties cannot agree on what is fair a judge of the... View More

First, all property owned by either party is marital property. So, property owned by you before the marriage is now marital property.

Second, Massachusetts is an "equity or fair" state. This means that the judge at the divorce trial will consider all the evidence then decide how... View More

Your question is "Would it be fair to spend weekdays afternoon only til have a house?"

If there is no Family Court Order setting when you are with the children and when and if you can be in the Family Home then based on what you write it would be fair. While you are with the... View More

Your divorce attorney should address this issue. If there is no language triggering the timing of a sale or refinance or if the language was vague and it was intended that there be a sale tied into an event, then a declaratory relief action could be brought to bring this information forward to the... View More

You should follow the terms of the Separation Agreement/Divorce Judgment and If there is noncompliance then there could be a Contempt Complaint and if there is a material change in circumstances a Modification Complaint may be justified.

Your attorney would need the Court's permission to withdraw from your representation via Motion hearing unless you have a new attorney file his or her appearance in your case.

You have not stated why he needs to be removed from your health insurance- does he have other medical coverage opportunities? What does your divorce/separation agreement state about providing coverage and allocation of cost? There are also new child support guidelines which went into effect in... View More

Are there children involved? Moving does not in and of itself add time to obtain a divorce, but it could complicate questions of child support, visitation, custody, and medical coverage and alimony. You cannot move out of Massachusetts with the children without Court approval.

Is this in the context of a divorce? I am assuming so. Property division must also be fair and reasonable or the Probate Court will not approve of same. Also, normally the refinancing of the property into your sole name is to take place contemporaneously with the exchange of the Deed in a divorce.

You should address why the DCF feels that you should not have the children with the DCF. Have they made recommendations or a service plan for you to follow? If not you can request same.

This would normally be pursued in a Contempt Complaint to enforce the provisions of the Divorce Judgment and Separation Agreement. If the Court finds that the failure to comply was not willful or a clear violation the Court could grant some additional time to comply if t he circumstances justify... View More

Sorry to say, there won't be any alimony. You will only have rights to anything if there was a contract about that. For a review of this issue, see: https://www.mass.gov/guides/massachusetts-law-about-unmarried-couples

The length of your marriage which you did not state is important. You should contact a divorce attorney to go over the full facts in your case. The fact that wife has established a trust and conveyed assets into it does not prevent the court from making an equitable distribution. How long ago she... View More

If your ex husband does not want to be financially responsible for the child he will likely want to cooperate with a paternity complaint brought by biological father.

There a several statutory factors involved in determining equitable distribution of the marital estate including the length of the marriage, ages of the parties, health of the parties, ability to acquire future assets, etc. and you have not given enough information for this question to be responded... View More

You will either need to have a Modification Agreement on that issue which can be filed with the Court as an uncontested proceeding. otherwise you will need to have a Modification on that issue and also should have an appropriate Motion before the Court if this custodial change happened in 2017, to... View More