Additional Information:

My ex-husband and I have been divorced for almost 6 years and he has been promoted so his income has changed.  Furthermore, rent for our Paxton apartment has increased significantly.  What is the process for a divorce modification for increased alimony and child support, and is it difficult?

ATTORNEY ANSWER:

This depends on what you want to change. Generally, divorce judgments are not written in stone as to issues of custody, medical insurance, alimony, child support, visitation and issues related to the child or children such as college. These provisions can be modified with the first step being the filing of a Complaint for Modification. In order to obtain a modification of a divorce judgment, a substantial change in circumstances must be shown. This is achievable in most cases because the Court understands that things can change over time.

However, if you want to modify the terms of how property was divided, this tends to be extremely difficult to do.  [Read more...]

Additional Information:

When I got married, I moved into my wife’s house in Leicester. We are now getting divorced after 15 years of marriage.  The house is only in her name, we never added my name to the deed.  I’ve done all of the maintenance and improvements and want to keep the house. Do have any rights to it?

ATTORNEY ANSWER:

Yes, you have a right or a claim to a share of the equity of this real estate regardless of whether your name is on the deed. Your marriage gave you this right. However, if you executed a prenuptial agreement which protected this real estate from any claims you may have, your rights to the real estate may be limited by its terms. [Read more...]

Additional Information:

We have been married for 8 months, and have a 10 month old daughter. I just found out that my husband has a criminal background and has been using a fake name since I have known him.   What are the requirements for an annulment in MA?  How should I proceed?   I’d like sole custody of our daughter.  Does his deception affect his parental rights?

ATTORNEY ANSWER:

In order to obtain an annulment you have to show that the marriage was based on fraud. It sounds like you would qualify for an annulment in your situation. However, your husband is still the child’s father and as such would still be granted some parenting time. If you are the primary caretaker of the child, there is no reason why this would not continue to be the case. Certainly, the Court would consider your husband’s criminal background and the reasons he thought it necessary to use a name other than his own in awarding custody and visitation rights. The Court will consider what is in the child’s best interests in making such a determination.  [Read more...]

Additional Information:

My wife and I got divorced two years ago and I got sole custody of our 5 year-old son.  She was put on probation for 5 years for hitting him and I’m not sure if she really wants to be part of his life or not.  My question is if I put it in my will that my brother will take care of my son if I die, will that happen or can my wife get custody if she wants? Thanks.

ATTORNEY ANSWER:

Your brother will have to obtain a permanent guardianship of your son should you pass away. The child’s mother may file a Complaint for Modification seeking custody after your death. The Court will always review what is in the child’s best interests when considering either your brother or the child’s mother as his caretaker. Go ahead and make your will naming your brother as custodian. Your brother can use this for the Court to consider in this situation.  [Read more...]

Additional  Information:

My wife and I are getting divorced.  She took out a loan so she could attend a college in Worcester. She said she would use her degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her going to school.   I suspect she really went back to school because she was bored being a stay at home mom.  Will I be liable for half of the loan?

ATTORNEY ANSWER:

No, since she gets the benefit of the education, the responsibility to pay the loan should remain with your wife. However, if you cosigned the loan, you will be jointly and severally liable to the lender. You can get a divorce judgment that requires her to reimburse you any amounts you are called upon to pay in that case. [Read more...]

Additional  Information:

My husband and I are getting divorced after a 7 year marriage.  Can I stop him from getting a subpoena for my personal bank records for accounts that were opened as a single individual after we separated?  Our Worcester home is in both our names, as are our bank accounts.

ATTORNEY ANSWER:

No, he has a right to see what is in those accounts. Anything purchased, collected, earned, saved and accrued during the marriage by either party is subject to division and therefore, both parties must disclose and have a duty to disclose these assets to the other. [Read more...]

Additional Information:

My wife and I live in Shrewsbury MA and are going through a  divorce. I’ve financially supported her for 21 years of marriage.  She was a stay at home mom for all but 1 year of our marriage.  She just received an inheritance of over $200,000.  Am I entitled to 50%?

ATTORNEY ANSWER:

Yes, you are entitled to a share of the inheritance because the inheritance is considered part of the marital estate to be divided. Whether your share is 50% must be discussed in more depth through a private consultation with your lawyer. [Read more...]

Additional Information:

I separated from husband in 2008 and moved to Westborough, MA from NY. How can I get divorce if we have no contact? We did not have any children from marriage but I do have a ten year old from previous. We parted on bad terms.  I have no way of contacting this man as I do not know where he moved after I left. How hard is it to get a divorce in the State of Massachusetts?

ATTORNEY ANSWER:

You may file for divorce in Westborough MA and request the Court to notify your husband through publication in a local newspaper that serves his last known address. This is routinely done for parties who have lost touch with each other. [Read more...]

Additional Information:

We got married and we realized quickly afterward that it was a mistake.  In Massachusetts is there a waiting period before you can file papers for an uncontested divorce?

ATTORNEY ANSWER:

No, you may file for a divorce or an annulment after the marriage with no waiting period. It sounds like you may want to consider an annulment because of your quick realization that the marriage was a mistake. [Read more...]

Additional Information:

My ex and I have agreed to lowered payments and we have drawn up a new agreement which we both signed. The problem is that every time she gets angry she threatens to take me to court for back child support based on the previous amount in the divorce decree, reneging on our new signed agreement. Is what we did legally binding or can she sue me for back child support?

ATTORNEY ANSWER:

Unless your agreement is approved by the Court, it is not considered a valid Modification of the prior Court Judgment or Order. You may find that you owe the difference between what you paid in support and what the previous Court Order or Judgment required you to pay. [Read more...]