Divorce Questions

Additional Information:

My husband moved out of our Southboro home almost 2 years ago.  We’re on good terms with one another and share custody of our 2 children.  He currently pays for daycare for our son and I’d like to ask him to help with the children’s medical/dental expenses.  We have no assets to divide.

ATTORNEY ANSWER:

Unless and until you have orders from the Probate Court, you do not have anything that is enforceable at law. My advice would be to file a divorce action and seek temporary orders as soon as possible in order to establish the obligations for child support and medical insurance.  [Read more...]

Additional Information:

I left my husband a couple of years ago and moved away (we were married in Marlborough, MA).  When I left, we just needed a break.   We have no kids, I don’t intend to remarry and I’m not on his health insurance or vice versa.  We haven’t kept in touch and I’m wondering if we can stay separated indefinitely?  Does leaving the marriage constitute abandonment or something like that?

ATTORNEY ANSWER:

You may continue to remain married but separated however your legal status would prevent you from legally marrying until you get divorced and being potentially liable for his actions (such as his debt ) until such time as you get divorced. My best advice is that if you don’t intend to get back together then you or he should file for divorce and resolve any outstanding issues in a divorce agreement.  [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 my wife have any claim on the monies when we go through the divorce?

ATTORNEY ANSWER:

Until the divorce has been finalized the court may divide up assets even though they may have been acquired after the separation. Therefore you should seek to get the divorce done as soon as you can to protect yourself. [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.  Is what we did legally binding or can she sue me for back child support?

ATTORNEY ANSWER:

The agreement should be filed and approved by the court in order for it to be valid. It would be necessary to file a complaint for modification and then seek to have the agreement brought before the judge. [Read more...]

Additional Information:

We have been married for over thirty years, unfortunately, I now realize that all of our assets are in my husband’s name.  Does this mean that if I file for divorce I will not get anything?

ATTORNEY ANSWER:

Not at all.  It matters little to a Probate Judge whose name the property is in.  Rather, the Judges in Massachusetts try to make an equitable division of all assets and liabilities, which generally mean that the property acquired during the course of the marriage, should be divided equally.

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Additional Information:

I have been married for over eighteen years and we have two children together.  Since the children were born, we decided that I would stay at home and raise them.  My husband has been getting more aggressive with me and I worry that things may happen.  I do not want to leave the house, as I have no place to go.

ATTORNEY ANSWER:

If you feel threatened or intimidated by your husband’s actions, or if your husband gets violent with you, you should call the police immediately.  They can help you get an Abuse Prevention Order, which will protect you.  You should then call a lawyer that concentrates in the area of Domestic Relations or Divorce.  That lawyer can file a motion for temporary orders to make certain that you get the protection from the Court that you need, as well as making sure that you get adequate child and spousal support.

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