Massachusetts Divorce Legal Questions

In order to file in MA you need to have lived here for one year. If your husband never lived here then, the court can grant you a divorce, but will not have jurisdiction over the division of assets. If you have additional questions, do not hesitate to contact me at 617-410-6467.    Best, ... Read More

The courts will divide the marital estate equitably. This is a very general standard and each person's situation is fact specific. The court may take into account the parties pre-marital co-habitation period. For additional information do not hesitate to contact my office at 617-410-6467. ... Read More

Michael,  If the terms of the divorce agreement do not require your ex spouse to refinance the house, then you need to file a pleading with the court requesting that she be required to refinance. If you are unsure of the terms of your divorce agreement, then you can contact me at 617-410-6467. ... Read More

I know you would like to know what you are "entitled" to; however, the answer is that neither party is entitled to anything in particular. The law does not provide a specific list of property to which each party is entitled. Rather, the law states that marital property is to be divided "equitably." That does not mean evenly, but rather fairly. Virtually any property that the spouses hold either together or individually can be considered marital property. This includes property that each party brought into the marriage and even inheritances. The question is what distribution will be fair to each under the circumstances. What is fair depends on a variety of circumstances including the length of the marriage, the income of each, how any particular property was used during the marriage, the division of responsibility in the household, what each brought into the marriage, and a variety of other factors. Since you apparently did not work during your marriage, you might be entitled to transitional alimony. This is temporary alimony designed to bridge the gap between your marriage and being able to support yourself. You should discuss all these issues with your attorney, as he is best able to assist you. As far as how long it takes, there is a temptation for many to just want to get this over with as soon as possible. That's understandable, but, as a result, many people make decisions they regret simply to expedite the process. I caution you against being hasty. You may regret it later on. Obtaining a judgment of divorce nisi can take anywhere between two months to a year or more. It depends under which statutory provision you file and the particular matters at issue. I again recommend you talk to the attorney you hired to get an idea how long your particular divorce might take.... Read More

Because your husband lives outside Massachusetts and you did not live as husband and wife in Massachusetts immediately preceding your break up, you will have jurisdiction issues. First, before you can file for divorce, will have to be a resident of Massachusetts for at least one year. Second, even after one year has past, there will be issues as to whether the court can assert personal jurisdiction over your husband. This is very fact specific, so it would be best to discuss your situation in detail with an attorney.... Read More

"Entitled" is a loaded word. You are really not "entitled" to anything specific in a divorce settlement. Generally, you will be entitled to a portion of your "marital property." Basically, marital property is anything you or your spouse acquired during your marriage. Given that your spouse apparently had the business prior to marriage, it is questionable whether the entire business can be considered marital property. However, any equity acquired in the business during your two year marriage might arguably be considered marital property. That said, the question really is what is fair to both parties given the circumstances surrounding the divorce, the length of marriage, and the ability of the parties to provide for themselves; and, most importantly, what the parties can agree on.... Read More

You asked:  In my 1995 divorce , I do not feel that I was treated fairly in regards to distributions of a family business. Is there a statue of limitations?Additional Details:My ex and I were married for 25 years. Looking back on my divorce papers. My ex husband owned 24% of a family business. I was to receive 12%. It is the 12% of this business that I was not treated fairly with. I do not think they had the business fairly valuated. In addition in my 12% they gave me something that was already giving to me as part of the divorce. I feel it need to be reviewed. I was very distraught at the the of my divorce and I do not feel that my Attorney worked in the best of my interest. Thank you for your time and consideration. Anne Dunlap  I am a Michigan lawyer, and cannot advise you of MA law; however, I may be able to offer some guidance.  In most states, a judgment of Divorce entered by the agreement of the parties is enforceable, but not reviewable absent fraud, misrepresentation, or mutual mistake of fact.  If the reason you want the divorce reviewed is that you are now not certain that it was fair, then it is unlikely the Court will permit a review.  If the reason you want the divorce reviewed is your belief that your husband misrepresented the value of the business or committed fraud, then the Court may entertain such a motion depending on the statute of limitation.  I would suggest that you seek the advice of a local attorney who specializes in divorce so that you know all of your options. Stu Shafer... Read More