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...]

Additional Information:

My wife and I have been separated for over a year. I am living with a new partner and considering starting my own business. Will she have any claim on the monies when we go through the divorce?

ATTORNEY ANSWER:

Any assets acquired during the marriage are subject to division regardless of separation. However, judges may use their discretion pursuant to the factors enumerated in Mass. Gen. Laws C 208 Sect. 34 in deciding how assets are to be divided. Your question refers to monies from your business. If you are referring to income instead of assets. The monies that your new business is earning reflects your earning capacity and earning potential and would be included in determining child support if children are involved. Your income from the business may also be used in calculating alimony if it is determined that your wife has a need for spousal support and that you have the ability to pay alimony. [Read more...]

Additional Information:

We are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock?

ATTORNEY ANSWER:

A judge may order your husband to pay the mortgage in divorce proceedings by liquidating the stock. This may be done as a temporary measure to preserve the equity in the marital real estate. More information is needed to see whether a judge would do this. For example, if the home is worth less than what you owe on the mortgage, a more practical solution may be to have a short sale for the real estate. This would preserve the stock with a positive value for division. Alternatively, if the real estate has equity that could be lost to foreclosure, liquidating the stock to pay the mortgage makes sense if there is no other asset to liquidate, or source of income available, to pay the mortgage. You need to consult with an attorney to develop a strategy that works best for you. [Read more...]

Additional Information:
I left my husband in 1997 and we have been separated since. Do I still have to file for divorce after so many years?

ATTORNEY ANSWER:
You still must file for a divorce. You may file for a divorce based on an irretrievable breakdown of your marriage. This is also known as a “no fault” divorce. You may also file for a grounds based divorce depending on specific reasons pertaining to your personal circumstances such as cruel and abusive treatment, abandonment, gross intoxication, imprisonment or adultery. You need to speak with an attorney to discuss your case in more detail. [Read more...]