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Massachusetts Divorce Legal Questions

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161 legal 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 - Page 5
Do you have any Massachusetts Divorce questions page 5 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

Looking for some insight on where i stand, and if a divorce is even possible?

Answered 12 years and a month ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Massachusetts is a no fault state. This means that either party can file for divorce by claiming irreconcilable differences and the other party cannot prevent the divorce. The determination of custody is based on the best interests of the child(ren). The best interests of the child(ren) is primarily determined by looking at the age of the child(ren), who was the primary caretaker and the ability of each parent to care for the child.    If you need additional information, do not hesitate to contact my office at 617-410-6467.    Wyckoff Nissenbaum, Esq.  SomervilleLawOffice.com... Read More
Massachusetts is a no fault state. This means that either party can file for divorce by claiming irreconcilable differences and the other party... Read More

Would i be entitled to my deceased ex

Answered 12 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Your divorce agreement should have dealt with the answer to that question. Review the agreement to find out if you were granted a share of his pension. If you were and you never received the share, then you can make a claim against his estate. 
Your divorce agreement should have dealt with the answer to that question. Review the agreement to find out if you were granted a share of his... Read More

is in massachusetts law dose it state that separate property owned before marriage

Answered 12 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Massachusetts is an equitable division state. This question can only be answered based on the totality of the situation. Your daughter's attorney is in the best position to answer this question for you.  If you have any additional questions, do not hesitate to contact me at 617-410-6467.... Read More
Massachusetts is an equitable division state. This question can only be answered based on the totality of the situation. Your daughter's attorney is... Read More

Mariied life issues want to file Divorce

Answered 12 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Mr. Sharma,  I am sorry to hear about your marital troubles. Regardless of your immigration status, you can file for divorce here in Massachusetts. Without knowing the details of your situation it is difficult to provide additional information.  If you would like additional information, do not hesitate to contact my office at 617-410-6467.   ... Read More
Dear Mr. Sharma,  I am sorry to hear about your marital troubles. Regardless of your immigration status, you can file for divorce here in... Read More

Want my husband to move out of my rental home.

Answered 12 years and 2 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  It appears that you have some short term and long term needs. Since he is not on the lease you have the right to tell him to leave. If he refuses to leave, then you will need the assistance of the police. Once you file for divorce the court will decide where the children live. If you have specific questions, do not hesitate to contact my office at 617-410-6467.    Best,   ... Read More
Dear Anonymous,  It appears that you have some short term and long term needs. Since he is not on the lease you have the right to tell him to... Read More

Rule 410 in short term marriage and contesting prenup

Answered 12 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  The division of assets and debts is based on what is equitable. Generally that means 50/50. The amount that is normally divided is the increase in equity of the asset. If the marriage is only 18 months, then you should be able to successfully argue that the discovery should only go back to the date of marriage.  If you have additional questions, do not hesitate to contact my office at 617-410-6467. ... Read More
Dear Anonymous,  The division of assets and debts is based on what is equitable. Generally that means 50/50. The amount that is normally... Read More

Where do I file for divorce?

Answered 12 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  If you were living together in Massachusetts at the time the marriage fell apart or if you have lived here for 12 consecutive months, then you can file in Massachusetts.  If you have further questions about the process, do not hesitate to contact my office at 617-410-6467. ... Read More
Dear Anonymous,  If you were living together in Massachusetts at the time the marriage fell apart or if you have lived here for 12... Read More

Divorce in MA, do I need to have the testimony document obtained from China notarized or to be certified by an attorney in China?

Answered 12 years and 3 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  It is unclear what document you are referring to by ownership document. If you and your wife are entering into an uncontested divorce, you will need the original China marriage certificate and a certified translation.  If you require assistance with the divorce process, do not hesitate to contact my office at 617-410-6467. ... Read More
Dear Anonymous,  It is unclear what document you are referring to by ownership document. If you and your wife are entering into an... Read More

my mother and father divorced 7 yrs ago my dad just died do me and my sister have to split the stuff 3 ways with our mother

Answered 12 years and 4 months ago by Greg Krikorian (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your parents were legally divorced at the time of your father's passing, your mother will be entitled to no share of his estate. In the absence of a valid will, the estate of the deceased (all property owned) will pass to his heirs like you and your sister in equal parts. The process is done through the Probate court of your county. Life insurance proceeds to named beneficiaries and jointly held bank account balances need not be Probated, they can pass directly.... Read More
If your parents were legally divorced at the time of your father's passing, your mother will be entitled to no share of his estate. In the absence of... Read More

Married in Maine but live in MA, divorce here or there?? Uncontested

Answered 12 years and 4 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  You will most likely be able to file in Massachusetts. In order to file in MA the marriage will have to have broken down in MA while you both lived here or you will have to live here for at least one year.    If you have additional questions, do not hesitate to contact my office at 617-410-6467.   Best, ... Read More
Dear Anonymous,  You will most likely be able to file in Massachusetts. In order to file in MA the marriage will have to have broken down in MA... Read More

Getting divorce when separated

Answered 12 years and 4 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  It is not clear from your question whether or not either of you have any connection to the state of Massachusetts. If your Husband has been living in Massachusetts for one year, then he can file for divorce in Massachusetts.  For additional assistance do not hesitate to contact my office at 617-410-6467. ... Read More
Dear Anonymous,  It is not clear from your question whether or not either of you have any connection to the state of Massachusetts. If your... Read More

divorce

Answered 12 years and 4 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  If he does not own the house, then he has no right to live there. Your mother can contact the police and have him removed. 
Dear Anonymous,  If he does not own the house, then he has no right to live there. Your mother can contact the police and have him... Read More

Ensuring wife is not claiming right to all money in our accounts vs. half.

Answered 12 years and 4 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Mr. Yee,  You have a very specific question that is most likely addressed in a different part of your divorce agreement. If you are uncertain as to the terms of a specific paragraph of the divorce agreement, I suggest that you speak with your attorney for clarification.  Best.   ... Read More
Dear Mr. Yee,  You have a very specific question that is most likely addressed in a different part of your divorce agreement. If you are... Read More

when wife won't sign divorce papers?

Answered 12 years and 4 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  If you know your wife's whereabouts, she can be served by 1) accepting service or 2) via constable/sheriff.  I am not clear on the other part of your question. 
Dear Anonymous,  If you know your wife's whereabouts, she can be served by 1) accepting service or 2) via constable/sheriff.  I am not... Read More

What is the best way to "fire" a lawyer who has more than once lost documents pertaining to a divorce case?

Answered 12 years and 4 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
If you intend to hire another attorney to replace the current attorney, then your future attorney will know what to do. If you do not intend to hire another attorney, then write a letter to your current attorney informing him/her to cease all work immediately and file a motion to withdraw. ... Read More
If you intend to hire another attorney to replace the current attorney, then your future attorney will know what to do. If you do not intend to hire... Read More

can i file for divorce in MA if i got married and lived in Florida?

Answered 12 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,    The short answer is that you can file for divorce in Massachusetts. 
Dear Anonymous,    The short answer is that you can file for divorce in Massachusetts. 

Son's college loans

Answered 12 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Yes, you are correct. In long term marriages assetts/debts typically get split 50/50.
Yes, you are correct. In long term marriages assetts/debts typically get split 50/50.

my husbands attorney claims she can be a mediator wants us 3 to "iron out some issues im very unsure about this.

Answered 12 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Mediators are neutral third parties that do not represent either party. If you decide to sit down with your husband and his attorney, keep in mind that his attorney represents him and not you. If you do decide to negotiate without an attorney, you should speak with an attorney to understand your legal rights.... Read More
Mediators are neutral third parties that do not represent either party. If you decide to sit down with your husband and his attorney, keep in mind... Read More

how much would it cost.to file for divorce

Answered 12 years and 5 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
The cost of divorce varies greatly among attorneys. You should contact various local divorce attorneys to find out the cost. 
The cost of divorce varies greatly among attorneys. You should contact various local divorce attorneys to find out the cost. 

Husband filed for diviorce he is due an auto ins claim am I entitled to any of it we live in ma/

Answered 12 years and 6 months ago by attorney Alison Silber   |   1 Answer   |  Legal Topics: Divorce
You should talk to an attorney because his insurance award may be marital property.
You should talk to an attorney because his insurance award may be marital property.

Cross and Direct Exam

Answered 12 years and 6 months ago by attorney Alison Silber   |   1 Answer   |  Legal Topics: Divorce
Some judges have different ways of doing this, so you should talk to an attorney who has had a trial or evidentiary hearing before your judge.  Generally, each witness is called only once and allowed only a direct examination, cross examination, and then redirect examination. 
Some judges have different ways of doing this, so you should talk to an attorney who has had a trial or evidentiary hearing before your judge. ... Read More

Can a spouse obtain detailed phone records from spouses seperate phone plan ?

Answered 12 years and 6 months ago by attorney Alison Silber   |   1 Answer   |  Legal Topics: Divorce
In the discovery process, each party can make a request for production of documents which are relevant to the matter.  If a separate phone plan is relevant, you could request the phone records.
In the discovery process, each party can make a request for production of documents which are relevant to the matter.  If a separate phone plan... Read More

When I got divorced it was in my divorce agreement that I was to trade in my truck due to the fact my ex wife was also on the loan

Answered 12 years and 6 months ago by attorney Alison Silber   |   1 Answer   |  Legal Topics: Divorce
It is not possible to answer this question without a close reading of your Separation Agreement.  Your Agreement may allow you and your wife to make changes to it, as you both agree in writing.  If so, see if you can get her to agree in writing that refinancing the automobile and removing her name is sufficient.... Read More
It is not possible to answer this question without a close reading of your Separation Agreement.  Your Agreement may allow you and your wife to... Read More

On what basis should one decide to pursue alimony after a divorce when child support is no longer being paid? What determines success in MA courts?

Answered 12 years and 6 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  In order to receive alimony you will have to file a complaint for modification and show a material change in circumstance. Alimony is based on need and the ability to pay. The duration of alimony will be based on the length of the marriage and both parties age. The amount will be based on both parties income. An agreement can be reached via mediation, but will require both parties to recognize a need for alimony. You should contact local counsel to get an idea of the legal fees. Expect to pay anywhere from $500.00 to $150.00 per an hour. ... Read More
Dear Anonymous,  In order to receive alimony you will have to file a complaint for modification and show a material change in circumstance.... Read More

What are my options for this divorce?

Answered 12 years and 6 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer   |  Legal Topics: Divorce
Dear Anonymous,  Your marriage is considered long term and it appears to me that you are selling yourself short. Your situation is unfortunate, but not reversible. A consultation with a local attorney will give you the information you need to make an informed decision. If you file for divorce, you can still request that he continue to pay alimony. The divorce process is scary, but it sounds that you are ready to move on with your life. You should not let the fear of your husband financially punishing you stop you from moving on. ... Read More
Dear Anonymous,  Your marriage is considered long term and it appears to me that you are selling yourself short. Your situation is unfortunate,... Read More
Divorce
Massachusetts

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