Massachusetts Divorce Legal Questions

Dear Oksana,    You will be able to get divorced in Massachusetts as long as you have lived in Massachusetts for a year. To get an amicable divorce from you Husband in Russia all you need is to have him sign the proper paperwork in Russia in front of a notary. Additionally, you will need to waive his appearance at the hearing.  If you would like assistance with the process, do not hesitate to contact my office. ... Read More

Your question is difficult to answer without more information.  Generally, you may not be able to file for divorce in MA unless you lived there for more than one year unless your wife agrees to file jointly with you. If your wife has never lived in MA but you have lived there for more than one year then you will be able terminate the marriage but MA may not have the ability to make orders regarding the division of property unless your consents to the cae proceeding MA.  Best wishes.... Read More

You may represent yourself in a divorce case but in many cases it may be in your best interest to retain a lawyer to assist you.  There are traps for unwary which a non lawyer will not likely know.  You may be better to discuss your case with several different lawyers to see if one is a good fit for your needs. Best wishes.... Read More

These are very difficult issues and cause a lot of hardship to your children and you.  There is not enough facts to provide a specific answer but you may try to file something in your divorce case.  If your ex is bringing the children to see your sister in law then you may ask the court to prevent your ex from doing so.  These orders are difficult to get but depending on the facts of the case, it may be possible.  Best wishes.... Read More

The answer is dependent of several very specific factors related your circumstance. This includes where the marriage broke down as well as how long you lived in each state. If you intend to proceed with divorce, then you should speak with an attorney to determine what state has jurisdiction. ... Read More

Dear Anonymous,  There is no legal separation in MA. Through the divorce process the house can be transferred into one person's name and one person can be 100% responsible for the costs. If you need additional advice, you should contact a local divorce lawyer. Best of luck.   ... Read More

Dear Anonymous,  It is quite possible that a court would order him to give you the house and pay alimony. Without knowing all the information it is difficult to provide an answer. As a general rule alimony is the lesser of need or 30% to 35% of the difference in income. I suggest to discuss your situation with a Massachusetts divorce attorney.  Best,   ... Read More

While Massachusetts law allows for annulments, the reason to grant annulments are limited to certain grounds.  The following grounds are recognized in NH 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 More

Does your wife want a divorce?  If so, then you should make her a settlement proposal and see if you can reach an agreement.  Both parties should prepare Financial Statements which discloses all income and assets.  THis is very important step as if the you and your wife do not disclose all income and assets and then the validity of any agreement could be in jeopardy.  I also recommend that you consult with a lawyer before making any agreements to ensure you know whether the agreement is fair.  Once an agreement is reached, it must be submitted to the court for approval.  Only the court can approve an agreement and issue a divorce decree.  Absent the court issuing a divorce decree, you will remain married. Also, the court can divide all property acquired through the date of the divorce, meaning any assets acquired by either of you during the separation may be divided by the court. ... Read More

Alimony is determined by need and ability to pay.  Your ability to work is dependent on not only your education level but your health as well.  If you have a doctor who will testify that your health limits your ability to work then this will be an important factor in awarding alimony.  Your husband's dissipation of marital assets may also entitle you to a larger share of the marital assets.  You may also be entitled to a portion of the inheritance from mother's estate.... Read More

As part of the divorce process, you may ask the court to award you a portion of the pension so when your husband retires, the pension administrator will mail check directly to you.  You may also ask the court order that your husband name you survivor beneficiary of the pension so you will continue to receive it if he dies before you.  Many thanks.... Read More

If MOnday's hearing is a temporary hearing, then the court has the ability to order one party to leave the apartment. I suggest that you have your reasons written done so you can explain to the court why he needs to leave the apartment.  If Monday is not a temporary hearing, then you should schedule a temporary hearing as soon as possible to address the issue.  Many thanks... Read More

Based upon the income provided, you may be responsible for child support only.  However, the court does have some ability to award alimony in addition.  Further, you may be able to have some of the child support considered as alimony which provides a tax benefit to you.  But, before you do so, you will want to consult with both a lawyer and a tax professional to discuss the ramifications of such a decision.  Many thanks... Read More

If the inheritance was received during the marriage, then it is an assets which the court has the authority to divide.  However, whether the court will divide the inheritance depends on the facts of the case. For example, the court is more likely to divide an inheritance in a long term marriage rather than a short term marriage. ... Read More

Dear Anonymous,  The answer is dependant on where the 401(k) is located. If it is in the US, then you will need to domesticate the divorce agreement. Once the agreement is domesticated, the court will have the ability to issue a QDRO. If you would like assistance, do not hesitate to contact my office.   ... Read More