I just got laid off. Can I request my ex provide additional support?

Additional Information: My ex-husband provides child support and alimony and I just got laid off from my job.  We live in the Greater Boston area and I won’t be able to make rent without additional support if I don’t find a job in the next month or so.  Is it possible to modify the provisions of a divorce in this type of situation?   What is the process and is it difficult? ATTORNEY ANSWER: You can seek a modification from the Continue Reading

Ex has been in contempt of divorce decree for years.

Additional Information: My ex husband have been divorced for almost 6 years.  My daughter and I live in Wayland close to my parents and they have provided a lot of emotional and financial support as my ex has been in contempt of divorce decree for several years.  Now, I’m not sure if there’s anything I can do as my daughter is approaching 18 years of age, when she will be emancipated.  He recently started paying about 25% of the ordered Continue Reading

Do I file contempt motion? My ex denied part of my visitation.

Additional Information: My ex-wife is denying me my second part of my summer visitation with the kids.  I live in Framingham, MA and a couple of days into my 14 day summer visitation she came to pick them up, did not return them and has not allowed me to speak with my kids.  What can I do? Do I file a complaint for contempt motion in Framingham District court? ATTORNEY ANSWER: You are right that you’re ex-wife is in contempt.  Continue Reading

We’re getting divorced, how are assets divided?

Additional Information: When my husband and I were engaged, I finished business school and as a graduation present my parents gave me $50K to start my own company.  We got married, bought a home in Ashland, and started a family right away.  I never started my business and the money has been in a savings account.  Now we are getting divorced and he thinks he is entitled to half of this asset.  I have a card from my parents saying Continue Reading

What is the best way to handle the financial aspects of a divorce?

Additional Information: My husband moved out of our Southborough home almost 18 months ago.  We are on good terms with one another and have an agreed up on schedule for time with the kids. He currently pays for daycare for our youngest, but I think he should contribute more to kid-related expenses. ATTORNEY ANSWER: Your question is initially a very broad one.  However, you specifically mention that your husband moved out of your home about 1 ½ years ago and Continue Reading

Divorcing couples may have to share property they acquire after they split up

Most people assume that a divorcing couple’s assets will be divided according to what they own at the time they separate. But in some cases, things that happen after a couple split up can affect what they’re entitled to in a divorce. Only an attorney with expertise in divorce law can determine exactly what you might be entitled to…so it’s important to tell your divorce attorney about anything that could affect the prospects of both you and your spouse down Continue Reading

Social Security and Military Benefits can be divided at divorce

Federal government benefits – such as from Social Security or the military – have their own rules, and those rules usually trump state law. So sometimes it’s unclear whether a state divorce court can divide up a federal payment. However, in several recent cases, it was determined that federal payments could be split at divorce. A military retiree’s health insurance benefits can be split at divorce, the Alaska Supreme Court decided. That’s because of a federal law called the Uniformed Continue Reading

What are the most commonly used fault grounds for divorce in Mass?

The most common fault ground for divorce in Massachusetts is Cruel and Abusive Treatment. You need to show that something your spouse knowingly did or didn’t do caused you harm or upset. Acts of physical abuse are cruel and abusive treatment. Sometimes certain forms of mental cruelty may be enough. You have to show it caused you physical harm, for example, your spouse’s drinking and staying out all night caused you headaches and stomach problems. Another common fault is Desertion. Continue Reading

What is a “no fault” divorce in Massachusetts?

A “no fault” divorce in Massachusetts is a divorce in which the marriage is broken beyond repair but where neither spouse blames the other. In Massachusetts, the no fault divorce grounds is called “Irretrievable Breakdown of Marriage.” There are two kinds of “irretrievable breakdown” divorces. They are often referred to as “1A’ and “1B”, referring to the section of the law under which they are found, Massachusetts General Laws Chapter 208, sections 1A and1B. Continue Reading

Child Custody order can not favor one parent’s religion

There’s no question that a child custody order in a divorce case can take the parents’ religion – and the children’s religious education and observance – into account. But a recent divorce case shows that a child custody order that goes too far in favor of one parent’s religion might not be okay. In this case, the husband wanted to raise his two children as Jews. A custody order allowed him to have the children on all Wednesday evenings and Continue Reading