Massachusetts Family Legal Questions

Dear Anonymous,    In a long term marriage, the marital estate is typically divided equally. If your home life is unbearable, your first step should be to determine what you need to do to make life at home pleasant. This may mean moving out or asking your spouse to move out.  You should contact several divorce attorneys to help you find one that is a good fit for your individual needs. ... Read Answer

Anthony, you did not described your legal situation so feel free to contact us. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read Answer

What is the current custody/visitation agreement? You can file for the custody modification when you have the child with you to make it more convenient for you. What part of MA are you from? I am from Springfield, MA. Feel free to contact directly if you have any further questions.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.  ... Read Answer

Dear Anonymous,  The court may grant the removal based on those factors. Removal cases are typically very difficult to win for the removing parent. The parent needs to demonstrate a real advantage and quite often the cases go to trial. If you would like specific information, do not hesitate to contact my office.  Best, ... Read Answer

I suggest you get a copy of all the medical records from the doctor who made the ADHD diagnosis.  Many times the parent wanting the diagnosis does not give a complete picture of the child's behavior.  You should also contact your child's school and speak to the teacher to see if notice behavior consistent with ADHD and get a copy of the school records.  You should contact the doctor and let her know that you have share legal custody and medical decisions must be mutually decided and not one sided.  You should also schedule an appointment with the doctor to discuss your concerns and the differences you see with the child when in your care and ask that no decisions be made with medical unless mutually agreed upon.  You may also file a contempt motion against your ex for violating the court order.... Read Answer

Under Massachusetts law, all property acquired through and including the date of divorce is part of the marital estate and subject to division, even if the property is held in only one spouse's name.  Accordingly, the divorce court has the authority to divide an property purchased after the separation or the filing of a divorce petition.... Read Answer

In order to get a modification of child support, you most prove the occurrence of a substantial change of circumstance.  Before filing the motion to modify, you should run the child support guidelines using your current income and her ex's estimated income (if she won't share her actual income) and check to see if there is a substantial difference with the current child support order. ... Read Answer

Dear Anonymous,  You need permission of the Court to move out of state with your son. It is called a removal case and requires permission of the Court or Father. If Father's contests the removal, it will likely take at least a year for the court to hear and decide on the case.  If you have specific questions regarding your case, do not hesitate to contact my office.   ... Read Answer

Massachusetts is an equitable jurisdiction state, which means the court divides assets based on what is fair.  There is a presumption that a 50/50 division of all assets (including assets obtained prior to the marriage) is fair.  However, the court may deviate from the presumption if they determine it is fair to do so.  One of the factors that the court considers in deviating from the presumptions is assets owned prior to the marriage.  It sounds like you may also have a prenuptial agreement as well.  Massachusetts courts will enforce valid prenuptial agreement if the agreement was fair and reasonable both at the time it was signed and at the time of divorce.  Please let me know if you have any other questions.... Read Answer

Dear Anonymous,  Based on the information that you provided it is my understanding that DCF took custody of the child and placed the child with you. DCF has a lot of control of the outcome, but it's important that you know your rights and how to advocate for them. If you would like specific information, do not hesitate to contact my office at 617-410-6467.     ... Read Answer

Child custody and child support are modifiable upon proving the occurence of a substantial change of circumstances from the issues of the original order that makes it the children's best interest to modify. The standard to modify alimony depends on whether the agreement merged into the divorce decree or whether it survived as an independent contract.  Best wishes.... Read Answer

With respect to health insurance, the language of the decree will have impact on what his ability to provide coverage.  The answer also depends on his reason for the request.  If he lost health insurance coverage through his job than he may have the ability to get the court to modify the decree.  As for First Holy Communion, the answer depends on who has legal custody (decision making responsibilities).  If you have sole decision making responsibilities then your daughter may receive First Holy Communion but you may need to speak with your priest about an alternate date if your ex will not change weekends.  If you have joint decision making then you may need to petition the court on the issue.  Best wishes.... Read Answer

Your son should file a request with the court to allow him to the children visit relatives abroad.  YOu should check to see if the country he wants to take the children is members of the Hague Convention on Child Abductions and if the country is also treay partners with the US on the Convention.  Many thanks.... Read Answer