Ways to Discover Hidden Assets During a Divorce

Despite complications to the marriage, most people enter the divorce process believing their soon to be ex-spouse is an honest person. Unfortunately, this is not always the situation. The fact is, dishonesty is a common reason for seeking a divorce. Even if you have no reason to suspect your former partner is dishonest, there is still good cause to be curious and concerned about their finances heading into a divorce. Once a divorce begins, many people will do whatever it Continue Reading

Divorce 101: A Quick Intro To Filing For Divorce In Massachusetts

Many couples start out in marriage with great hopes and expectations, only to end up in a relationship that unfortunately does not work. There are many steps in the divorce process in Massachusetts and just as many avenues to take depending on your situation. Here is a brief introduction to filing for divorce in Massachusetts and some of what you may encounter. A divorce can be categorized as “no-fault” or “fault.” Definitions of “fault” include adultery, desertion, cruel and abusive Continue Reading

Family Law Court Orders: Contempt and Enforcement of Court Orders

When parties divorce in Massachusetts, a Judgment of Divorce Nisi will enter ninety days before the divorce becomes absolute, or final. If the parties executed a Separation Agreement in connection with their divorce, that Separation Agreement will be incorporated into the Judgment of Divorce and become an Order of the Court. If the parties actually have a trial in connection with their divorce, the Court will make an Order after that trial, based on the evidence offered at trial. Whether Continue Reading

Filing for Divorce with the Massachusetts Probate and Family Court

For those looking to pursue a divorce action in the Commonwealth of Massachusetts, several factors must be considered prior to the filing of an action with the Probate and Family Court. The legal process of divorce can be complicated; therefore, it is in the best interest of each individual to consider hiring an attorney who focuses on divorce and family law, even if the divorce is considered “uncontested.” Residency Requirements In Massachusetts, the couple must have lived as spouses in Continue Reading

How Is Spousal Support Determined In Massachusetts?

One of the most common questions when going through a divorce is about spousal support. Spousal support is often called alimony, and it is a word that many people hear but don’t quite understand. When you hear about divorces involving famous people, most often there are orders for large amounts of alimony. You may hear about alimony payments in the millions when a movie star divorces, or in cases of people who are very rich. But what if you or Continue Reading

I am liable for my wife’s student loan?

Additional Info: My wife and I are getting divorced.  She took out a loan so she could finish her degree at  Boston College.   She said she would use the degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her returning to school.  Will I be liable for half of the loan? Attorney Answer: You will likely not be liable for half the loan.  In fact, you may not be liable for Continue Reading

What are my rights during the divorce process?

Additional Info: My husband has moved out of our home in Natick and changed all the passwords to our bank accounts. Can he legally do this before we get divorced?   I am a stay at home mom.  How am I supposed to live and take care of the kids with no access to our financial accounts?  What do I do? Attorney Answer: If a complaint for divorce has already been filed with the Court, then there is a Rule 411 Continue Reading

Am I entitled to 50% of my wife’s inheritance?

Additional Info: I’ve supported my wife and family in Wellesley for 21 years. We are now going through a divorce and she just received an inheritance of over $500,000.  Am I entitled to 50%? Attorney Answer: A Court has a wide latitude of discretion and will consider several factors in determining what, if any, portion of an inheritance a divorcing spouse will receive.  An inheritance is a marital asset that is subject to equitable division, but it may not be Continue Reading

What can we do to get visitation or custody?

Additional Information: Our son, his girlfriend and their baby have been living with me in our Needham home. I took care of the baby while he was finishing high school.  He is now doing online college courses and taking care of the baby.  The baby’s mother has found a new boyfriend and took the baby and moved in with him. I called social services and they said the mom has custody until a court hearing, and we can’t even see Continue Reading

What rights does my daughter have when it comes to visitation?

Additional Info: I have been divorced for 8 years. My 16 year-old daughter doesn’t want to visit her dad 1 1/2 hrs away every other weekend.  We live in Sherborn and her dad now lives over an hour away.  She’s a teenager and has a busy sports schedule and social life.   What rights does my daughter have? Attorney Answer: It is hard to force a 16 year old to do anything.  Is there an alternative schedule that she will agree Continue Reading