I live w/ my son in MA and my husband lives in PR, in our property. Can I get a divorce in MA, which doesn't include the property in Puerto Rico. How long can the divorce process take?
answered on May 4, 2022
Has husband lived in Massachusetts at all? If he never had any contacts with Massachusetts it would probably be better to contact a domestic relations practitioner there.
I'm disabled
Epipsy, PTSD and severe panic disorder.
After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... View More 
answered on Apr 28, 2022
It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... View More
We got an order back in January. I had no idea that I had to apply for services through the DOR, I thought they just kind of did their thing. Now I finally have the DOR involved, but they said they’re only responsible from now on. Does he still owe from the 14 weeks since the order was made? Or... View More
answered on Apr 19, 2022
Yes, he owes the 14 weeks during which he neither paid MDOR nor you. You may use the MDOR to proceed with a Contempt to enforce the back child support order/calculate the arrears. You will need to complete their application for same.
I live in mass. I have believed I was divorced from my ex for 10 years. Papers were filled out and apparently we missed the final hearing or it went to her and she neglected to tell me.. Well now I want it done and she won’t sign papers again.. Can I just go in front of judge and explain this?
answered on Apr 19, 2022
Your recourse is to have a divorce complaint filed in the appropriate jurisdiction and venue and the process of divorce commenced. If the other party does not agree to a proposed separation agreement you do not have an uncontested Massachusetts 1A Joint Petition. You should have counsel as you are... View More
I am strongly weighing my decision to go to court. After doing some research online i found this example.
Now let's take another example where a young couple in their 20's gets married. They started the marriage also with next to nothing and they're married for 20 years and... View More
answered on Mar 23, 2022
So, there are no guarantees as the Court makes the statutory findings concerning property division which also includes ability to acquire future capital and income differential is a factor in alimony awards. You have not stated the ages of the children as child support is also involved if they are... View More
My male relative (D) is having a child with a woman (S) who is separated from her husband (K) but still legally married. Can D legally put his last name on the child's birth certificate even though S and K have not finalized their divorce?
answered on Mar 3, 2022
The presumption is that the child is born of the marriage, but the parties can agree that the child is not of the parties along with the biological father. The prospect of paying for a child not his own is usually an inducement to cooperation by husband, but what is bio father's willingness...
Many things have transpired to get him back to texas( he was born there)
Once there we realized many secrets linked to his dad who has since died.
We are done. Best place to file
I am on disability living with my 83 y.o. parents
answered on Feb 23, 2022
If he lived in Massachusetts prior to moving to Texas and you have been living here in Massachusetts, the County for the city or town where you ( and he ) were living would be where the divorce would be filed.
I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.
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answered on Feb 22, 2022
If he is military, he is required by military law to "support his dependents."
Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the... View More
legal services,
answered on Feb 15, 2022
Divorce includes analysis of various statutory factors for support and property and debt division. Length of marriage, ages of the parties whether there are children and their ages, the extent and source of assets, comparative income and ability to earn and acquire future capital are among the... View More
My friends wife filed for divorce, 1B. For covid reason, all hearings were postponed. They had only one zoom hearing 6.06.2021. Judge's decision was for them to get agreement and to provide a paper how they both are going to care of kids. Judge gave them 30 days. Until now wife did not respond... View More
answered on Jan 20, 2022
If the children are unemancipated or minors then there would be child support anyway. The real point is you want to conclude your divorce. You have not stated what type of hearing you had via Zoom. It could have been a pretrial conference and perhaps a trial date is next. Really you seem to need... View More
Mother-in-law passed away Jan 2020. Wife had inheritance but did not receive the money until Dec 2021 but placed in a joint account with me. Wife asked for a divorce in Nov 2021 but we are not yet divorced. Is the inheritance, now in a joint account, considered marital property?
answered on Jan 13, 2022
In Massachusetts all assets are subject to property division and this would include the inheritance recently received by your wife. Depending upon the statutory application however, which includes length of marriage, marital contributions, relative need, ability to acquire future capital, age,... View More
not sure if this question got through previously but my daughter is in a very emotionally abusive situation with a husband of almost 6 years that has complete control over all assets and resources and has a young girlfriend that he stays with during the week in another part of MA. Since everything... View More
answered on Dec 23, 2021
There are pro bono attorneys such as through the Volunteer Lawyers project of the Boston Bar Association and the major law schools have law clinics which may be a route. She has obvioulsy rights not to be abused and there would be child support orders for the child. If this is a brief marriage... View More
answered on Nov 10, 2021
Assuming this is a Massachusetts divorce and if your question is whether your interest in the LLC is an asset to be divided by the Probate & Family Court in property division in a divorce, yes is the answer. However, the allocation by the court still depends on the statutory factors so... View More
My 6 figure earning husband is asking for spousal support from me after filing no fault divorce in Mass. He deserted me 2 yrs ago and we were only married for 1.5 yrs married (no kids, no property, no joint money). He is well educated and has fancy tech job. As a woman, i was told that i cant ask... View More
answered on Oct 7, 2021
Spousal support/alimony is statutory and limited by length of marriage and time cohabiting prior to same as well as income differential based on your facts as you have presented it does not look like a viable claim. However, you should still be represented by counsel in a divorce proceeding ,... View More
This guy is from Haiti. He has been staying on the tourist visa and he seduced my friend to married him. He has a kid with her now: a 2 years old daughter.
answered on Oct 3, 2021
More information is needed, but it cannot come from her. You have no affirmative duty nor direct evidence of fraud by the husband! Strangely, you ‘may know’ more incriminating facts about her!
It reads more like, she ‘seems to want’ out of a marital relationship that appears to... View More
Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... View More
answered on Sep 10, 2021
It certainly presents a problem as if the USCIS does not recognize that DR dissolution of marriage then any attempt to marry a person in the United States would create an allegation of polygamy (being married to two or more people a the same time).
It definitely needs to be properly completed.
answered on Sep 7, 2021
Are you the Personal Rep for his estate? If so ,Was there a QDRO? The terms of the QDRO should be reviewed along with the Divorce/Separation Agreement.
We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?
answered on Aug 26, 2021
Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.
You want to consult with an experience divorce attorney who will review the... View More
answered on Aug 17, 2021
Your counsel can file a Motion requesting the appointment of counsel for the child. The Court may also determine to appoint a Guardian Ad Litem to investigate and report to the Court concerning the best interests of the child in custody and visitation matters.
I am german, my husband is american living in PA. I will be in MA in Septmeber on a J1 student visa. Since we seperated in January he has been stalking and threatening me so i want to file for a divorce and restraining order as soon as i get to the US. As i do not meet the residency requirements in... View More
answered on Aug 5, 2021
If you are being threatened- placed in fear of your safety by husband while you are here in Massachusetts you can potentially obtain an abuse protection order from the district court for the location where you are staying seeking restraint that he not contact you and stay away from your home,... View More
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