Massachusetts Divorce Legal Questions

You may attempt to set aside the agreement by filing a motion with the court alleging undue influence, duress and/or fraud.  If you decide to file, then you should do so promptly.  There is limited time to file.  If this is 1A divorce there is 120 days from the divorce hearing to act.  If a 1B divorce then only 90 days from the divorce hearing to act.... Read Answer

While you are allowed to move out, doing so may have significant negative consequences to you.  Typically moving out of the marital house works to your disadvantage and you should only do after considering the ramifications, such being responsible for households even after you leave, damage to your credit, wife defaulting on the mortgage(or rent), inability to get at equity, inability to sell house, damage to the property, impact on child custody if you have children, etc.... Read Answer

In an equitable jurisdiction states, such as Massachusetts,  all property, including property purchased by only one spouse, are considered marital assets and subject to division. The presumption is that the court will divide the property 50/50.  However, being an equitable jurisdiction state, the court may chose not to divide the property or limit the division of the asset.  There are a number of factors which plays a role in the court's analysis, such as the length of the marriage, age of the parties, health of the parties, the needs of any children, the ability of the both spouse to earn future income, etc.  Please let me know if you have any further questions.... Read Answer

Probate Court Rule 411 orders that neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of any property.  The sooner you file for divorce and serve the divorce summons on your wife, the sooner you will receive the benefit of the rule.  Please let me know if you have any questions.  Many thanks.... Read Answer

It is recommended that the issue to be address now.  While it possible there may be avenue to enforced after death, there is no guarantee that your mother will be successful or that the estate will have funds to pay.  Even if your mother can collect after his death, the cost to sue will be significantly greater.  See blog article:  http://nashualaw.blogspot.com/search?q=constructive+trust... Read Answer

While Massachusetts law allows for annulments, the reason to grant annulments are limited to certain grounds.  The following grounds are recognized in MA to annul a marriage: 1) incest; 2) bigamy- one or both spouses where legally married to another person at the time of the marriage; 3) married before reaching the age allowed by law; 4) marriage that did not follow requirements of state law (i.e. no marriage license or not solemnized before appropriate official); 4) fraudulent representation of something essential to the marriage relationship. making impossible the performanc of the duties and obligations of the marriage.  If you file for annulment and the court does not find sufficient cause to establishment an annulment, then you will still need be married and will need to file for divorce.  It is important that you make sure your grounds are strong before deciding how to act.  I have found annulments on fraud grounds to be difficult to establish, while annulments on bigamy to be somewhat easier.  Many thanks,  KevinP. Rauseo, Esquire.... Read Answer

Supplemental  Probate and Family Court Rule 411 prohibits both parties from selling, transferring, concealing or otherwise disposing of real or personal property unless there is a written agreement of both parties or a court order.  There are several other exception which do not appear to apply from the facts provided. ... Read Answer

When there is a breakdown of the communication so much so that you can no longer work with or trust your counsel, then a change may be necessary.  Of course, if your attorney stole from you or has made misrepresentation to you, to the court, or to your spouse's counsel, then a change is probably necessary.  But, with a trial less than 2 months away, a change may be difficult at this point.  If you are going to explore the possibility, you should act quickly. ... Read Answer

Massachusetts is an equitable jurisdiction state, which means all property, including assets acquired before the marriage, are considered marital assets and subject to division.  However, being an equitable jurisdiction state, the court may chose not to divide the premarital property or limit the division of the asset.  There are a number of factors which plays a role in the court's analysis, such as the length of the marriage, age of the parties, health of the parties, the needs of any children, the ability of the both spouse to earn future income, etc.  Please let me know if you have any further questions.... Read Answer

In an equitable jurisdiction states, such as Massachusetts,  all property, including gifted and inherited property, are considered marital assets and subject to division.  However, being an equitable jurisdiction state, the court may chose not to divide the gifted property or limit the division of the asset.  There are a number of factors which plays a role in the court's analysis, such as the length of the marriage, age of the parties, health of the parties, the needs of any children, the ability of the both spouse to earn future income, etc.  Please let me know if you have any further questions. ... Read Answer

You have rights to the house as the owner's spouse.  Upon filing for the divorce, the court may award you temporary use of house, especially if there are children and you are the primary parent.  The fact that the house that the house is in your husband's name does not preclude the court from awarding you a portion or the entire value of the house. ... Read Answer

Dear Anonymous,  If you were legally married in St. Lucia, then Massachusetts will recognize the marriage. Depending on how long or if you lived in Massachusetts with your spouse, then Massachusetts may have jurisdiction of your divorce.  If you have any additional questions about the divorce process, do not hesitate to contact my office at 617-410-6467. ... Read Answer

Dear Mary,  Due to the length of the marriage it is likely that all the assets in either persons name will be part of the marriage. If you are not comfortable with your attorney, you should find an attorney that you can talk to. You can reach my office at 617-410-6467.    Best, ... Read Answer

Dear Donna,  There are very specific requirements to follow when issuing subpoenas. If you do not know how to properly serve the subpoena, then you may be able to find information via google or may want to consider hiring an attorney. If you have any additional questions, you can contact my office at 617-410-6467. ... Read Answer

Dear Anonymous,    Each situation is unique. Whether or not she gets alimony is dependent on the parties' income and the lifestyle of the parties during the marriage. If you or your friend have additional questions, do not hesitate to contact my office at 617-410-6467.    Best, ... Read Answer

Are they legally still married?, separated i.e separate support in place? any court orders? agreements between the parties? does the disbursements require his signature? otherwise, accounting and division of marital assets (including arrears) will take place at Divorce or in the Separation Agreement.... Read Answer

Your X cannot interfere with your life, however he's entitled to reasonable visitations with his child, depending on how far you're moving or the times you can accomodate etc.. (so moving out of state or beyond 50 miles may be a problem, so will accomodating visitations at unreasonale times, too short, to early, too late in the day etc..) The issue of Child Custody (child's legal and physical custody) is to be determined in the Divorce action based on "the best interest of the child". However until such decision and depending on the age of the child (for small children) it is presumed, that the mother can better meet a child's needs.... Read Answer