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 by agreement of the parties or by order of Court after trial, the Order will address specific items relevant to
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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 the Commonwealth in order to file a Joint Petition or Complaint for divorce in a Massachusetts Probate and Family Court.
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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 your spouse don’t earn more than six figures? Does alimony still come into play? The answer is simply that it
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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 any of the loan. The Court often is of the opinion that the recipient of the education is the only
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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 automatic restraining order that is in effect on the plaintiff (i.e., the filing party) upon the filing of the complaint
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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 a 50-50 split. As stated, the Court looks at several factors including length of marriage, how long ago the inheritance
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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 the baby, what can we do?? Attorney Answer: Your son can file a Complaint for Custody, Support and Visitation. You
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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 to? It’s always best to have a change that is agreed to be all persons involved. If she can come
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How will my husband’s reckless behavior affect our divorce?
Additional Info: I thought getting married and having a child would make my husband more responsible. We even moved from the city to a Boston Metrowest suburb, but he still goes out several nights a week with friends and comes back intoxicated. Recently he was too hungover the next day to go to work, and missed a big client meeting and now his job is at risk. Attorney Answer: His immaturity will likely affect the negotiations of a settlement. I find that an immature party is sometime very unreasonable in his/her demands and expectations. You did not mention whether you
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Can an order for child support be modified without going to court in MA?
Additional Info: My ex-wife and I agreed to lower child support payments. Our youngest son is now in public school and we no longer have the pay the exorbitant daycare expense in Wayland. Can an order for child support be modified without going to court? We modified the divorce agreement and both signed it and even had a neighbor sign as a witness. Is what we did legally binding? Attorney Answer: You can agree to a lower child support payment without an actual order from the Court, but that will be like having an agreement with a gentlemen’s handshake. You
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