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

You would need to petition for a Modification permitting removal of the children. What are your former husband's thoughts on such a plan? if he opposes it would potentially be difficult. You have not stated the ages of the children and their circumstances. The Court can appoint a guardian ad... View More

Your husband does not understand the divorce process, because the separation agreement is what eventuates from negotiation and would be reviewed by the Probate Court Judge as to fairness and reasonableness under the circumstances of the parties., Property division custody, child support and... View More

You would need to have temporary orders for support for yourself and the children- at least yours with your spouse. Are the other children you spouse's by another relationship or yours from another relationship? Do you receive support for the other children not of this marriage? A lot of... View More

Because there are several statutory factors involved in determining alimony and property division I highly recommend that you meet with a divorce attorney as soon as possible. If husband has assets from which your counsel fees could be paid then a Motion to the Court requesting same along with the... View More

She would need a Motion to Waive Her Attendance and Affidavit to accompany same explaining a cogent reason for her unavailability such as being away and would incur expense of a flight and accommodations, in hospital, away on a business trip and inability to take time off from employment, etc.... View More

All assets regardless of when received are subject to the Court's equitable distribution. The issues are whether there was a long term marriage, the comparative ability of the parties to acquire assets in the future, the contributions of the parties to the marriage, etc. which are outlined in... View More

Hello, You should check with the Volunteer Lawyers project with the Boston Bar Association for a referral once your eligibility is determined by them.

The best way to deal with the biological father not potentially having custody of the minor children at your death would be to see if he would agree and your husband would agree to a step parent adoption. If the children are older than 14 then there should also be input from them as to their... View More

Witnesses should be ready to testify in open court at related hearings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

Is there a will or trust? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

The question of the liability allocation for taxes is part of the divorce proceeding. Your counsel should be made aware of what took place to generate this tax bill.

Hello, No, you do not include the child support you are receiving involving the same children. You should be aware that there are new Child Support Guidelines going into effect in September which you should look at and they are posted on the Mass.gov website. They take into consideration a number... View More

You should review your Separation Agreement with your divorce attorney as soon as possible to make sure that you haven't obligated yourself to include this form in the exchange process.

First of all, what county do you live in. Each county has a probate court. A Divorce Complaint should be filed and served and Temporary orders concerning preservation of the marital estate and custody and support should all be filed and scheduled, but before this you should contact divorce counsel... View More

You can file for a modification in the family law court, and you may need to join the party receiving the money in that suit and/or file a separate civil suit for conversion. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

Both parents are under the legal obligation to support their children and child support cannot be waived unless there is an alternate methodology for their support that the Court specifically approves of. If he is working your wife can investigate whether there should be a Modification of child... View More

Child support can be obtained via Motion for Temporary Orders and would be in an amount consistent with the Child Support Guidelines based upon income and custody and time with the children, etc. The Court will issue a wage assignment and the Department of Revenue is the enforcement agency for... View More

Massachusetts does require a marriage certificate for a divorce to be entered although you can request to file a divorce complaint while you are awaiting same. However, you really promptly should check with the Turkish consulate for assistance in obtaining the Marriage Certificate from Turkey and... View More

Did you have a contract or pre-nuptial agreement to that effect? Community debts are typically equally split during the divorce process, but the student loan issue depends on various factors. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More