If the other side is in clear violation of a court order or Judgment, the Court can order your counsel fees and expenses of pursuing the Contempt if that is what you are asking. The Court also has the authority to appoint special masters to complete sale transactions and to transfer realty in... View More

Yes, provisions in a separation agreement can express that a refinance of your name off of the mortgage take place within a certain time frame or a sale is to occur.

The factors on property division are also applicable to debt division. Without knowing the circumstances and the duration of the marriage it is not possible to respond other than that if divorce was already contemplated when the educational program was commenced, that it may be unrealistic to... View More

If you have no children and have not adopted her children, then there would not be a child support obligation. However, there may be alimony rights depending upon the particular facts of your situation. You should contact a divorce attorney to inform yourself of your rights.

Often parties are not equally situated financially, so it is possible that your mother's contributions to college expenses are sufficient. There are child support guidelines which discuss support levels and college contribution levels. Since you are also working part time your income will... View More

The Court Order stands unless modified.

The Court will want one of the parties to appear and the other party will need to have a Motion to Waive attendance allowed.

You should consult divorce counsel as the alimony laws have changed. Generally,if your situation has materially changed since the divorce, you can consider filing a Modification petition and Motion for temporary orders based upon your health situation unless you have surviving alimony in which... View More

If possible, you should review his bank statements which should contain an annual or quarterly bill for the safe deposit service and keep a copy of this documentation. The there is an automatic asset restraining order that applies to the plaintiff upon filing of the divorce in Massachusetts and on... View More

Hello, The Probate & Family Court in divorce cases has jurisdiction to divide debt as well as assets and it is not important to the Court in whose name it is held. The issue is whether it was marital debt for household family expenses versus a "bauble" purchase for his benefit only.... View More

The Child Support Guidelines are applied to the parties incomes, and there are calculations which also reflect the cost of medical coverage and cost of day care so this question cannot be answered without this information.

You should have a copy of the air line ticket and hotel accommodations showing that it is a week only and not a move handy and copy him in writing with this documentation. Better practice would be to obtain court approval of the vacation visit in advance of your departure where there are these... View More

You may well be complicating your divorce in an adverse way to you if you take the actions you are contemplating. You need a divorce attorney to represent you and go over the best options. Usually in a short term marriage there is return of the parties to the situation immediately prior to the... View More

How long have you been married? Is this the first marriage? These and other property division/equitable distribution statutory factors are important to discuss with a divorce attorney and there is not a set answer other than that in long term marriages even splitting is the general rule, but there... View More

If your son is not disabled then there would not be a custody situation involved as he is over the age of majority.

Custody and visitation issues are Virginia issues if the child has been there for 6 months or more. If he still lives in Massachusetts the support issues are Massachusetts issues.

Your friend should contact a domestic relations/divorce attorney and not wait to find out how much money he has secreted as it would be harder to reconstruct the longer she waits. You should be careful not to be drawn into the situation, and her concerns for the children's and her safety and... View More

Because at this point you have one child who is under school age and this is a brief marriage with the asset acquired a number of years before the marriage , the Court would likely order sale of the unit if it is a financial drain. If you want to have the wife and child continue to reside there... View More

There is a Separate Support Petition and potentially an Agreement concerning the division of property ( which would not be final due to there not being a divorce) could be allowed by the Court.

Do get the divorce first . You would be at the very least complicating things unnecessarily by expending monies on real estate and potentially your expenditure could be an over-extension of your credit to prevent you from providing support to the spouse or viewed as a plan to deprive the spouse of... View More