Massachusetts Divorce Legal Questions

Dear Anonymous,  The answer is dependent on your incomes. Typically alimony is 30% to 35% of the difference between your incomes. There are exceptions to that rule based on the lifestyle of the parties. I suggest you have a consultation with an attorney to learn about your options. ... Read More

Good morning.  You should start by gathering information regarding income, expenses and assets.  You should create a spreadsheet listing all assets and their approximate values, such as bank accounts, investment accounts, jewelry, real estate, automobiles, retirement accounts, pensions, furniture, and values such as collectibles.  You should copy all bank statements, tax returns, retirement statements.  You should think about whether the kids will reside primarily with one parent and have visitation with the other or whether you and your husband will have equal custody with the kids.  The answer will impact how much child support is paid, if any.  You will also need to consider where you will live after the divorce and how much money you will need and whether alimony is an option.  Most lawyers provide free initial consultations.  I recommend you make a list of questions you have and interview several different lawyers to ascertain whether you want to hire a lawyer and if so, which lawyer is the best fit for you. Divorce can be a complex process to navigate through by yourself.  I wish you the best in beginning a new chapter in your life.  Best regards.... Read More

If the final order does not address the issue of the pick up and drop off, then you should consider filing a motion to modify the final order.  Before you do so, you should first attempt to resolve the issue with your ex-spouse.  Even if it is not likely that your ex will agree, at least the court will see that you made an effort to resolve it without filing a court action.  Please let me know if you have any other questions.  Many thanks.... Read More

Dear Anonymous,  You have asked several questions. You can repreesnt him if you are a licensed Massachusetts attorney. He can most likely file for divorce in Massachusetts. He will have to pay support based on the Massachusetts guidelines. If he was never married, then there is no need to file for divorce and he is only obligated to support the children.  If you have further questions, you can reach my office at 617-410-6467.    Best,   ... Read More

Dear Anonymous,  Based on the information you have provided it appears that your Husband is harassing you and trying to blackmail you. You have a right to not be blackmailed and harassed, but you have to take action to stop same.  If you would like the assistance of an attorney to stop his behavior, do not hesitate to contact my office at 617-410-6467.   ... Read More

Dear Anonymous,  Unfortunately your only option is to file for divorce and request support. Based on you incomes he will pay you child support and/or alimony. He is not legally obligated to continue to contribute to your shared debt and expenses.  If you have further questions about the divorce process, do not hesitate to contact my office at 617-410-6467. ... Read More

Dear Anonymous,  The answer is dependant on several factors and requires additional information. In General terms if you and the children have been relying on the support of your spouse and your spouse is no longer supporting you, then it may make sense to file for divorce and request support. If the family needs the funds and your spouse is still contributing at the same level as during the marriage, then your options are limited. If you would like to discuss your case in more detail, do not hesitate to contact my office. ... Read More

In an equitable jurisdiction states, such as Massachusetts,  all property, including gifted and inherited property, are considered marital assets and subject to division, even if the property is held in the name only one spouse.  However, being an equitable jurisdiction state, the court may chose not to divide the gifted/inherited 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 More

You will probably need to file for divorce in the state where your wife is living, especially since your child is living with her.  Depending on the law of jurisdiction where you wife lives, you may be able to proceed for divorce base on the physical abuse.  Also, your relationship with your girlfriend may be the basis of an adultry claim depending on the law of state where your wife resides.... Read More

Evelyn,  There is an automatic restraining order in effect that prevents either party from unilaterally dropping the other party from health insurance. The next step in the divorce process is to finalize the terms of the divorce. The length of your marriage and the amount of the assets/debts will determine how complicated it is to unwind the marital finances.  If you are unsure of your rights, then you should consider having a consultation with a divorce attorney.   ... Read More

In an equitable jurisdiction states, such as Massachusetts,  all property, including gifted and inherited property, 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 award more property to once spouse over the other.  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. With respect to the house, it seems unfair that she would get the entire house unless you got an equivilant amount from a similar type of asset.  The another alternative is that she reside in the house until the children graduate high school and then the house is sold and the proceeds are divided.  Please let me know if you have any further questions. ... Read More

Pursuant to Massachusetts General Law chapter 208, section 53, (f) In determining the incomes of parties with respect to the issue of alimony, the court may attribute income to a party who is unemployed or underemployed. So, by statute, if your husband quits his job or intentionally decrease his income, then the judge is allowed to still base alimony on his income before quitting or decreasing his income.  It is in your best interest to file for divorce before he quits or leaves the state. ... Read More

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 More

Upon divorce, the court will divide all assets. This includes assets held in only one parties' name  The laws presumes the assets will be divided equally but the court may awarded one spouse more assets than the other spouse depending on various factors. So, depending on the facts of your case, the court may or may not award her an interest in the house but the presumption will be she gets one-half.... Read More

If your husband is on the deed or lease to the house, he has right to access the property absent a court order.  Having said that, it does not hurt to ask him for the keys and may be he will agree to stay a way.  Even if he agrees to stay away, the only way to guarantee to keep him out is by filing for divorce or legal separation and ask the court to award you exclusive use and possession of residence.  I have seen incidents where someone initially agrees to stay out but changes his/her mind and tries to move back in.  Best wishes.... Read More

Once you leave the home, you significantly decrease your chances of getting back into the home.  This may have negative ramifications in child custody, alimony, child support and property division.  This could also impact your credit rating and the value of the home and your ability to get the equity from the home.  Your ability to sell the home may also be hampered.  Unless there is a domestic violence concern, the best option is to remain in the home.... Read More

It is not possible to provide an answer to your question without reviewing the pleadings filed by the attorneys and the decisions made by the court.  Also, it would be helpful to evaluate the evidence you have to prove your wife is lying.  If you feel your attorney is not representing you well enough, you should consider getting an opinion for another attorney.  Some attorneys will provide an initial consultation at no cost.  Best wishes.... Read More

You should ask your lawyer for a detailed invoice on how the retainer funds have been applied, which should show the work your attorney has done on your file.  You should also request a meeting with your lawyer before the hearing.  You should explain that you feel nervous and would like to meet in preparation of the hearing.  Best wishes.... Read More