Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Massachusetts Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Cost of discovery/subpoena for finding balances and recent history in a few 401k and a few bank accounts

Hello,

All of our assets are marital property (accumulated after our marriage) and all accounts have been in his name only.

he has significant balance is his past 5 employers 401k accounts, also has about 4 to 5 bank accounts, several months ago he showed me the balances to be over... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 28, 2015

Why don't you ask an attorney in your jurisdiction? The cost of such discovery may be minimal, but it is conceivable that, if he drags his feet, the associated motion practice might be large. It depends.

1 Answer | Asked in Divorce for Massachusetts on
Q: My condo is in my name and the deed. Will I have to move or buy her out
Christopher J Finn
Christopher J Finn
answered on Jul 15, 2015

It is possible, but very much dependent on the facts of your case. Things like the length of your marriage, when it was purchased, what the equity (if any) is, all are things we would want to know. Judges divide property equitably (fairly) so they will consider a number of different factors in... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: 2 women married legally for 8 yrs one leaves the home due to infinfidelity.the home was owned previously by the one that

Left.the other helped raise her children and is now disabled.is she entitled to anything? Alamony or part of the house?

Christopher J Finn
Christopher J Finn
answered on Jul 15, 2015

Unfortunately, this type of question is heavily fact dependent. The quick answer, without knowing more, is judges will divide property equitably (fairly) regardless of the name on the deed, bank account, retirement account, or whatever assets are owned. This means that it is possible that the... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: What are the residency requirements in Massachusetts in order to file for divorce on the grounds of adultery?
Christopher J Finn
Christopher J Finn
answered on Jul 15, 2015

If you were married in Massachusetts, or the cause of divorce occurred in Massachusetts, you can file for divorce immediately. If you were not married in Massachusetts and the cause of divorce occurred outside of Massachusetts, you must reside in Massachusetts for 1 year before filing.

I...
View More

1 Answer | Asked in Divorce for Massachusetts on
Q: My wife is asking for a divorce. I don't want to get divorced with two kids. What options do I have in Massachusetts?

Massachusetts is a No-fault divorce state. Which tells me she could get divorced at will. I have to wonderful kids and I really cannot see myself living away from them. Despite all current afire, I respect her and have strong feeling for her. She is asking me to go through mediation for divorce.... View More

Christopher J Finn
Christopher J Finn
answered on Jul 15, 2015

I know that this was asked a few months back but on the chance you are still curious I can provide an answer for you. You are correct in stating that Massachusetts has no-fault divorce. That basically means that as long as one person can stand in front of a judge and state that the marriage has... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Can i move out of the house before divorce

My wife had her Girlfriend moved into the house and i really wanna move my stuff out and change my address , is it legal for me to do so . we did not start the divorce process yet

Miguel Nieves
Miguel Nieves
answered on Jan 30, 2015

You can certainly move out of your home whenever you want. However, there are numerous considerations you have to take into account. You have not provided much information. Are children involved? Is the home owned or rented? Who will pay the utilities? Are they in your name? Will you contribute... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Will the court order a freeze on my husbands assets while we are in separation? and by law he can not remove his 401 k
Miguel Nieves
Miguel Nieves
answered on Jan 30, 2015

In every divorce action, an automatic restraining order becomes effective against the plaintiff upon the filing of a complaint, and against the defendant upon service of the summons and complaint on the defendant.

To paraphrase, the order prevents:

1. Either party from...
View More

1 Answer | Asked in Divorce for Massachusetts on
Q: If I have a blanket child support which will end in 2014 when my younger son will turn 18, should I be worried?
James J Bagley
James J Bagley
answered on May 1, 2013

What are you worried about? When your son turns 18 the non-custodial parent no longer has to pay support to the custodial parent. Are you custodial or non-custodial?

In a situation where a child has disabilities support may be continued further than that. I'd need more information...
View More

1 Answer | Asked in Divorce for Massachusetts on
Q: If a divorce decree states the child can be claimed on Odd years does that mean tax year or filing year
James J Bagley
James J Bagley
answered on May 1, 2013

Ir probably means tax year. IE- 2013, 2015, etc. If you are unsure you may want to speak with the attorney who drafted the decree prior to it being entered as an order.

1 Answer | Asked in Divorce for Massachusetts on
Q: I want a divorce, what are the steps that I should follow.
James J Bagley
James J Bagley
answered on Apr 23, 2013

Contact an attorney or go to your local courts clerk's office. The clerks are not allowed to give you legal advice but they can point you towards the right paperwork. However, if there are children, real estate or significant assets involved then I highly suggest you contact an attorney.

1 Answer | Asked in Divorce for Massachusetts on
Q: GOING THROUGH A DIVORCE IN MA. WIFE HAS FLORIDA PROPERTY 45K OVER APPRAISED VALUE AND REFUSES TO LOWER PRICE. WHAT DOIDO
Wyckoff Nissenbaum
Wyckoff Nissenbaum
answered on Apr 29, 2011

You always have the option of getting your own appraisal. Contact a Massachusetts Divorce Lawyer for case specific information.

1 Answer | Asked in Divorce for Massachusetts on
Q: My ex hid all monies from self employment , we went to trial, did not even produce docs. Do I have recourse after trial
Wyckoff Nissenbaum
Wyckoff Nissenbaum
answered on Apr 29, 2011

If you believe that your spouse did not truthfully disclose his income and assets to the court at trial, then it was your job to prove otherwise. Your recourse after trial is to file a complaint for modification based on a material change in circumstances. The material change may be the difference... View More

1 Answer | Asked in Divorce for Massachusetts on
Q: Can I remove my divorce proceedings from Maine to Massachusetts? I have two minor children. No court order in ME yet
Wyckoff Nissenbaum
Wyckoff Nissenbaum
answered on Apr 29, 2011

In order to get divorced in Massachusetts the parties must satisfy the jurisdictional issues. Contact a Massachusetts attorney to discuss your specific situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.