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

How do I ensure shared custody of our daughter?

Additional Info: I am getting a divorce and my husband and I are on good terms for the most part.  We live in Wellesley MA and have agreed that I will stay in the house and have agreed to shared custody of our daughter.  His lawyer sent me papers but stated quite a few things that my spouse is saying he never said. Including things like I am mentally cruel, and neglectful of duty. I wanted this done in an 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

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 Continue Reading

How does the new alimony law in MA affect me?

Additional info: I am getting a divorce. My wife is a neurological surgeon and has her own private practice in Framingham so she makes significantly more money than I do.   I know I will be entitled to alimony but could you please tell me how the new alimony law in MA and what I may receive? Attorney Answer: Even with the new alimony laws, alimony is still a function of “need vs. ability to pay”.  The Court will look at Continue Reading

Can my ex petition for joint custody after all these years?

Additional Information: I have been divorced almost 10 years now and was awarded sole custody of our now 16 year-old son.   My ex-wife has recently expressed an interest in now forming a relationship him.  My question is can my wife petition for a divorce modification for joint custody now?  My son and I live in the Natick area and she lives about 90 minutes away, so not sure how that would even work.  How should I proceed? ATTORNEY ANSWER: Your 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

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