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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Is my boyfriend legally obligated to provide my name and address to opposing counsel during his divorce?

What are my rights for privacy? His divorce is in the RI courts. He filed for an irreconcilable differences divorce and our relationship has nothing to do with the divorce. His wife is looking for reasons to tip the table in her favor in regard to splitting assets.

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If the divorce is in RI, that is where the question should be asked. Presuming that the standard as to what your BF needs to provide his wife when asked are the same, then yes, his wife's attorney is entitled to know your name and how to contact you. You may be able to lead his wife to the... View More

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: My siblings and I recently inherited our parents’ house after they died. One of my brothers wants to purchase the house.

If the house is appraised at $450,000, does my brother pay me and my other sibling ⅓ each ($150,000) or ½ each ($225,000)? Since he will be owning the house and could turn around and sell it at any time, does he also get a portion (1/3) of its value? Is that getting two bites of the proverbial... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More

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2 Answers | Asked in Family Law, Immigration Law, Personal Injury and Domestic Violence for Massachusetts on
Q: Greetings. My name is Mikael 34 years old.I've been victim of domestic violence. Can i file for citizenship?

We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.

James L. Arrasmith
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answered on Jan 8, 2024

Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.

Regarding your citizenship query, being a victim of domestic violence does not automatically qualify...
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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Divorce vs anullment?

Me and My partner both agree to file for an anullment. We meet one of the criterias that is required for filing anullment. There are no kids involved,, we only been married for 3 months. We both have no property and no assets nothing to share. How long will it take for us to get an anullment? Will... View More

T. Augustus Claus
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answered on Jan 1, 2024

Annulment and divorce are legal processes that address the end of a marriage. An annulment is a legal declaration that a marriage is considered void or never valid from the beginning. In your case, if you meet the criteria for annulment and both parties agree, it might be a viable option.... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: We can no longer care for our adult disabled son need someone to be guardian need help
James L. Arrasmith
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answered on Dec 14, 2023

If you're in a situation where you can no longer care for your adult disabled son and are seeking a guardian, the first step is to understand the legal process for guardianship in Massachusetts. Guardianship involves a court appointing an individual or organization to make decisions for an... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can my spouse sell the house without my consent? Only his name is on the deed, he bought the house after we got married

He bought the house after we got married in Massachusetts. My name is not on the deed.

Brian Waller
Brian Waller
answered on Dec 9, 2023

If a divorce has been filed, he would be prohibited from selling the property without your agreement or an order of the court based on the automatic restraining order (Rule 411). It would be a good idea to file for divorce ASAP if you haven't yet, you could ask the court to prevent him from... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I file a divorce completely online without having to go to court if my partner is in agreement with the divorce?

We have no children, property, assets or bank accounts together so I was wondering if we could file the paperwork electronically or by mail and skip the in person court process since we don’t have anything to split up between each other, thank you

Brian Waller
Brian Waller
answered on Dec 9, 2023

You can e-file all the required documents with the court, then the court will typically schedule you for a Zoom hearing. The e-filing system isn't entirely intuitive, but if you are somewhat tech-savvy you will be able to figure it out. You can also mail the documents to the courthouse instead... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I have primary physical custody of my daughter, mom has joint. Mom gets daughter fri-Sun and refusing to return Now what

Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 4, 2023

If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the... View More

1 Answer | Asked in Child Custody, Family Law and Immigration Law for Massachusetts on
Q: Motion to get custody and change the supervisor visitation parenting time

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James L. Arrasmith
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answered on Dec 3, 2024

When seeking to modify custody and supervised visitation arrangements in Massachusetts, you'll need to file a modification complaint with the court that issued your original custody order. You'll have to demonstrate that there has been a material change in circumstances since the last... View More

1 Answer | Asked in Real Estate Law, Family Law and Domestic Violence for Massachusetts on
Q: Hi. The person that my Brother is unhappily married to, is threatening to take a share of the property, that we

inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?

She has posed for... View More

Christopher Tolley
Christopher Tolley
answered on Oct 29, 2024

It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.

1 Answer | Asked in Family Law for Massachusetts on
Q: I need help with the process of probating a will. My Mom willed me her house but I'm not on the deed.

I did download the forms, but I'm having difficulty feeling them out.

My mom passed 2 years ago. I've been living in the house for 13 years. I've been paying the mortgage but I'm not on the deed or the mortgage.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

First i am very sorry for your loss. We only get one mom and day and life. There are options for you to consider, and some are likely easy and inexpensive. Please contact our office to discuss 508-828-1900. Ty!

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I am 71 yrs old. Need to get a Quadro filed to get the pension from ex spouse. I am on SS ,my only income. Please help.

The pension was not mentioned at time of divorce by ex spouse or the lawyer.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

Good morning. I strongly suggest you contact our office and discuss getting this done, what's involved, and what it may cost 508-828-1900. Ty!

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Massachusetts on
Q: Can my grandson take my house away from me?

My mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 17, 2023

If she is missing her Will she can "replace" it by doing a new one if she is competent.

2 Answers | Asked in Contracts, Family Law and Landlord - Tenant for Massachusetts on
Q: Co-tenants signed lease together and are breaking up.

Our daughter and boyfriend signed a housing lease. 4 months remain. Our minor grandson (10) visits and stays in his own room on the weekends. The boyfriend states his financial obligation moving forward, will be 1/3 of the rent. The boyfriend did make less money than our daughter when they signed,... View More

Christopher Tolley
Christopher Tolley
answered on Oct 4, 2023

I assume the lease states your daughter and the boyfriend are 'jointly and severally' liable for the rent. This means that each is liable for the entire rent. In the event of dispute, the landlord can seek the entire rent from either your daughter or the boyfriend or both. I don't... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: I live in Massachusetts and have a divorce agreement that states I have to breathalyze for my ex husband at 7am and 3pm

I did not do it this passed weekend. Can he take my children away?

T. Augustus Claus
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answered on Oct 3, 2023

If your divorce agreement includes specific requirements like breathalyzer tests and you fail to adhere to them, the other parent might use this as a basis to request a modification of custody or visitation arrangements. However, taking the children away would typically require a court order. If... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: As a disabled veteran married for 28 years , if I divorce my wife in Massachusetts do I have to pay her part of my

Disability no children are involved just a house. I get social security Disability and veteran disability.

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answered on Sep 13, 2023

In Massachusetts, disability benefits such as Social Security Disability and veteran disability benefits are typically considered separate property and are not subject to division during divorce. However, the division of marital property, including assets like the house, is determined by the... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: What does other and further relief as the nature of Mr. Doe cause may require what does it mean?
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answered on Aug 16, 2023

In a legal context, the phrase "other and further relief as the nature of [Name's] cause may require" is often found in legal documents, typically as part of a prayer for relief in a complaint or petition. This phrase indicates that the plaintiff (the person bringing the case to... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I live in Ma. My spouse live in ga. Where should I file a divorce
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answered on Aug 16, 2023

Deciding where to file for divorce when you and your spouse live in different states involves considering residency requirements, jurisdictional rules, and personal factors. Typically, you would file in your current state of residence, but it's important to understand the specific residency... View More

1 Answer | Asked in Family Law, Juvenile Law and Probate for Massachusetts on
Q: What does the request by a family court to file a motion to waive a citation mean?

I have recently filed for the name change of my child. The Probate and Family Court returned the petition and all necessary documents, along with the reason for returning being that I should file a motion to waive the citation signed by both parents. i don't understand this request, what... View More

Thomas Shack III
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answered on Aug 8, 2023

In Massachusetts family court, a request to file a motion to waive a citation means that the court is asking you to submit a formal request to waive the requirement of serving a citation to the opposing party. By waiving the citation, the court aims to expedite the legal process.

1 Answer | Asked in Child Support, Family Law and Public Benefits for Massachusetts on
Q: Hi. Can you receive child support if parent is on social security disability?
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answered on Jul 19, 2023

When it comes to child support, the fact that a parent is receiving Social Security disability benefits does not automatically exempt them from their obligation to pay child support. Child support is typically determined based on various factors, such as the needs of the child and the income and... View More

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