×
Go back to Martindale-Avvo ➔

Massachusetts Divorce Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
161 legal [2, *]questions have been posted about divorce by real users in Massachusetts. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Massachusetts Divorce Questions & Legal Answers
Do you have any Massachusetts Divorce questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 161 previously answered Massachusetts Divorce questions.
Divorce
Massachusetts

Recent Legal Answers

My husband keeps talking about divorce if he serve me with divorce papers can I hire a lawyer to look after my interest and he pays for my lawyer

Answered 4 years and 10 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  What you are going through is very difficult. You have the right to be respected as a Wife and Mother. If you are not already in counseling, then I suggest that you seek a therapist to help you process your emotions during this time. If you are thinking that you are ready to end the marriage, you should consult several different divorce attorneys to help you better understand your options and find someone that you are comfortable with.  Do not hesitate to contact my office. ... Read Answer
Dear Anonymous,  What you are going through is very difficult. You have the right to be respected as a Wife and Mother. If you are not already... Read Answer

How can I divorce my spouse if I’m not a resident of USA?

Answered 6 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  I am sorry to hear about your situation. Even if you are not a citizen or here legally, you have the right to file for divorce in Massachusetts as long as you meet the jurisdictional requirements. Based on the circumstances as laid out by you above, you should be entitled to support from your current husband. In order to begin the process, you can get free legal assistance through non-profits or the court has many free resources. You also have the right to hire private counsel.  If you would like to further discuss your options, do not hesitate to contact my office. ... Read Answer
Dear Anonymous,  I am sorry to hear about your situation. Even if you are not a citizen or here legally, you have the right to file for divorce... Read Answer

Lawyer not communicating

Answered 6 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Krystle,    I am sorry to hear about your situation and how frustrating of an experience this must be for you. Once terms are reach it only takes a couple hours for the attorney to put together the paperwork. If your current attorney is too busy for you, then you should seek out another attorney that can finish up the process for you. If you would like additional information, you can reach my office at the contact information below. ... Read Answer
Dear Krystle,    I am sorry to hear about your situation and how frustrating of an experience this must be for you. Once terms are reach... Read Answer

How do I correctly process an uncontested divorce when my spouse and I have agreed not to pursue each others income or assets?

Answered 7 years and a month ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  In order to complete an uncontested divorce the corrrect forms needs to be completed and filed with the probate and family court in your county. It is the court's job to make sure that the agreement is fair under the circumstances. If you need help with the process, you should find a divorce attorney to help guide you through the process. The attorney will make sure that the forms are correctly completed and the divorce agreement will be approved by the court. ... Read Answer
Dear Anonymous,  In order to complete an uncontested divorce the corrrect forms needs to be completed and filed with the probate and family... Read Answer

me and my wife been married for 37 years,,we bought a house around 13 years ago in florida.,the house is in her name...im I entitle to half of the pro

Answered 7 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  It is not clear whether or not Massachusetts has jurisdiction in this matter.  The following information is based on Massachusetts law. Your marriage will be considered a long-term marriage. Marital assets are normally divided equally in a long-term marriage. Assets that are held in either spouses individual name are generally considered marital assets in a long-term marriage. Absent an extraordinary situation, it is likely that the house will be divided equally.  For futher information, I can be reached directly at 617-658-3529.  Best, ... Read Answer
Dear Anonymous,  It is not clear whether or not Massachusetts has jurisdiction in this matter.  The following information is based on... Read Answer

How do I get a divorce in Massachusetts when my spouse is out of contact with me and out of the country?

Answered 7 years and 6 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Elizabeth,    You can still proceed with a divorce without your spouse being here or participating in the process. The process without her participation will take approximately six months.  If you would like assistance with the process do not hesitate to contact my office. ... Read Answer
Dear Elizabeth,    You can still proceed with a divorce without your spouse being here or participating in the process. The process... Read Answer

if i am getting devorcend my name is not on the deed and living there for over 20 years , iam i entitile for anything.

Answered 7 years and 8 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,    Divorce in Massachusetts is based on an equitable division of assets. Typcially, assets in a long term marriage are divided equally. For  specific advice you should speak with a divorce attorney to understand your rights. 
Dear Anonymous,    Divorce in Massachusetts is based on an equitable division of assets. Typcially, assets in a long term marriage are... Read Answer

WILL, an annunment of fraud, get the defendant in legal trouble if the judge grants the annulment

Answered 7 years and 8 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,    The quick answer to your question is that the Defendant will likely not get in trouble. If the Judge believes that a crime has been committed, then the Judge may refer the case to the district attorney for prosecution. 
Dear Anonymous,    The quick answer to your question is that the Defendant will likely not get in trouble. If the Judge believes that a... Read Answer

Can my mother give me her car while filing for a divorce to my stepdad?

Answered 8 years and 3 months ago by Stephanie Elizabeth Emanuel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
no photo
The car that was in an accident is her car and considered marital property and will be required to be assessed in her divorce proceedings.
The car that was in an accident is her car and considered marital property and will be required to be assessed in her divorce proceedings.

How do I get to my funds?

Answered 9 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Based on your message it is not clear whether or not there is a pending legal matter. Without knowing this information it is hard to provide a specific response. Do not hesitate to contact me at 617-358-3529 to further discuss the issue. 
Dear Anonymous,  Based on your message it is not clear whether or not there is a pending legal matter. Without knowing this information it is... Read Answer

Will I be entitled to my husband's pension if I divorce him?

Answered 9 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Based on the length of the marriage it is likely, but not guaranteed, that you will be entitled to half of your husband's pension. The final agreement or judgment in a divorce is based on many factors. I suggest you speak with an attorney to discuss what is likely to happen to you based on the facts of your situation.  Best, ... Read Answer
Dear Anonymous,  Based on the length of the marriage it is likely, but not guaranteed, that you will be entitled to half of your husband's... Read Answer

What is the difference between a legal separation and a divorce?

Answered 9 years and 8 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Massachusetts does not recognize legal separation. If you would like to end the marrage and divide your property, then you have to file for divorce. If one party is looking for support, then you can file a request for separate support. 
Dear Anonymous,  Massachusetts does not recognize legal separation. If you would like to end the marrage and divide your property, then you... Read Answer

Need QDRO completed for my pension

Answered 9 years and 10 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Qualified Domestic Relations Orders, aka QDRO are complex.  You should seek the advice of attorney who has experience with preparing the documents.  Best wishes.
Qualified Domestic Relations Orders, aka QDRO are complex.  You should seek the advice of attorney who has experience with preparing the... Read Answer

What are my rights as a spouse of a military member who has asked me for a divorce?

Answered 10 years ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  You have the same rights as anyone else under Massachusetts law. The liklihood of you receiving alimony will be based on your Husband's income. Further you may qualify for disability based on your medical conditions. Without knowing the specifics of your family's financial situation, it is difficult to give you specific advice on how much support to receive from your spouse. If you have further questions, you can contact my office at 617-410-6467. ... Read Answer
Dear Anonymous,  You have the same rights as anyone else under Massachusetts law. The liklihood of you receiving alimony will be based on your... Read Answer

I am obliged to pay 1/2 the cost of a Massachusetts public college education. My son was accepted at UMASS Amherst. He got financial aid for $25000.

Answered 10 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  This will be dependent on the language of the divorce judgment. Based on your presentation of the facts, it appears that you are only obligated to pay $500.00. I suggest that you speak with your prior divorce attorney or another attorney in order to review the divorce judgment. ... Read Answer
Dear Anonymous,  This will be dependent on the language of the divorce judgment. Based on your presentation of the facts, it appears that... Read Answer

Do I need a lawyer to represent me when I go to court for a divorce case .

Answered 10 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   2 Answers   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,    You are not required to hire an attorney to represent you. You may find an attorney helpful because the attorney will be able to explain to you the law and the likelihood of different outcomes.  Divorce cases are fact specific and require an understanding of many factors in order to provide an answer to your alimony questions. You may find it helpful to have a single consultation with an attorney in order to better understand your rights. ... Read Answer
Dear Anonymous,    You are not required to hire an attorney to represent you. You may find an attorney helpful because the attorney... Read Answer

My husband own a house prior to our marriage, am I entitled to any of the proceeds if sold?

Answered 10 years and 2 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Possibly. The court has the ability to divide the proceeds 50/50.  There are a lot factors that determine this issue from the length the marriage, earning potential, needs of any children and others.  Best wishes.
Possibly. The court has the ability to divide the proceeds 50/50.  There are a lot factors that determine this issue from the length the... Read Answer

Divorce and Buying a House

Answered 10 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Unless this is a very short term marriage, then it is likely that the funds you used to purchase the house will be considered marital funds and be subject to an equitable division. The answer to your questions is that she will most likely be able to come after you for a percentage of the funds you used to buy the house. To divide your asset without a divorce, you can enter into a marital agreement with her. This is similar to a pre-nuptial agreement.  If you have additional questions, do not hesitate to contact me directly at 617-658-3529.      Best, ... Read Answer
Dear Anonymous,  Unless this is a very short term marriage, then it is likely that the funds you used to purchase the house will be... Read Answer

I was divorced April 2015. We have yet to divide our retirement. He is getting remarried the end if this month. Will this affect anything?

Answered 10 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Depending on the type of retirement, your ex-spouse’s remarriage may certainly affect the ability to divide the retirement account. Forthwith, you should begin the process of dividing the account.    If you need further assistance, do not hesitate to contact me directly at 617-658-3529. ... Read Answer
Dear Anonymous,  Depending on the type of retirement, your ex-spouse’s remarriage may certainly affect the ability to divide the... Read Answer

can i get alimony after 27 years?

Answered 10 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Massachusetts alimony is based on a combination of the recipient’s need and the payer’s ability to pay. A marriage of 27 years will be considered a long term marriage and alimony will likely be ordered by the court. The amount of alimony will also likely be contested. Do not hesitate to contact my office at 617-658-3529 to further discuss the specifics of your case.   Best, ... Read Answer
Dear Anonymous,  Massachusetts alimony is based on a combination of the recipient’s need and the payer’s ability to pay. A marriage... Read Answer

how do I start the process of divorce?

Answered 10 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  The divorce process can be overwhelming. Legally, the first step is to file a Complaint for Divorce. Emotionally and practically, there is no specific formula for beginning the process. The answer is dependent on your specific situation. A few factors to consider include the age of parties, where each party lives and finances.   Do not hesitate to contact my office at 617-658-3529 for additional information or assistance.  ... Read Answer
Dear Anonymous,  The divorce process can be overwhelming. Legally, the first step is to file a Complaint for Divorce. Emotionally and... Read Answer

How can i file for divorce if i'm out of state

Answered 10 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Wyckoff Nissenbaum, Esq.
Dear Anonymous,  Filing for divorce from out of state is not much different than filing as if you were living here. The main difference is that it is inconvenient to come to the hearings. In order to filing for divorce in Massachusetts the state must have personal and subject matter jurisdiction.  If you need assistance with the process or have further questions, do not hesitate to contact my office.  Best, ... Read Answer
Dear Anonymous,  Filing for divorce from out of state is not much different than filing as if you were living here. The main difference is that... Read Answer

Am I Entitled to half of my husband's (no legal separation or divorce) share of his mother's will even though we haven't lived together for 13 years?

Answered 10 years and 3 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The inheritance is part of the marital estate but the court is not required to divided it 50/50.  The issue varies between judges.  Best wishes.
The inheritance is part of the marital estate but the court is not required to divided it 50/50.  The issue varies between judges.  Best... Read Answer

If an ex is ordered to make mortgage payments in the divorce agreement and they do not pay causing the house to go into forclosure

Answered 10 years and 3 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You will have a right to file for contempt and get compensation from your ex.  But, the mortgage company is not bound by the divorce decree and may try to collect the payments directly from you.  You should contact the credit agency which will allow to explain that your ex was responsible for the payment but that may not help your credit score.  Best wishes.... Read Answer
You will have a right to file for contempt and get compensation from your ex.  But, the mortgage company is not bound by the divorce decree and... Read Answer

I've been married for 27 years will I get alimony

Answered 10 years and 3 months ago by Kevin Rauseo (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Possibly.  The court will look at the income and income potential of both spouses.  Based on the income, it will determine whether you are entitled to alimony.  Best wishes.
Possibly.  The court will look at the income and income potential of both spouses.  Based on the income, it will determine whether you are... Read Answer
Divorce
Massachusetts

Helpful Resources