What is a “Motion” and How Do You File One in the Family Court?

The question was put to me: What do I say on the motion form provided by the court when it asks "Motion For ______________"? I'm going to assume you are a layperson (nonlawyer) trying to file something in court "pro se"--that is, on your own and without a lawyer.  A bit of civil procedure rules … Continue reading What is a “Motion” and How Do You File One in the Family Court?

Can a Separation Agreement be changed after Judgment?

It is unclear what you are referring to when you say "Separation Agreement". MA does not recognize legal separations;it does however allow for actions for Separate Support. Agreements for separate support address only the custody and financial needs of the (custodial) spouse and the children (they do not address distribution of marital assets). Unlike in … Continue reading Can a Separation Agreement be changed after Judgment?

Gay Marriage — Unhappy Divorce

Marriage equality has gained enormous momentum since the landmark Massachusetts ruling in Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), with 18 states and the District of Columbia legalizing or recognizing Gay marriages since 2003. http://www.cnn.com/interactive/us/map-same-sex-marriage/ Thats the good news.  The bad news is that state have been left with no legislative guidance as to how … Continue reading Gay Marriage — Unhappy Divorce

MATTA LAW reaches new benchmark

MATTA LAW'S Attorney, Estela Matta, has reached a benchmark of over one thousand of YOUR legal questions answered. More than 750 unaffiliated attorneys have concurred and agreed with the legal content, quality and particularized information provided by Attorney Matta in answer to your individual legal concerns. Keeps your questions coming! When your case matters--call Matta Law.  A proven record of … Continue reading MATTA LAW reaches new benchmark

Can I back out of divorce/separation agreement?

An agreement isn't binding until a judge signs and enters it. If you find, after consideration and possibly advice of independent counsel, that the terms and conditions enclosed in the Agreement are not tolerable or include things you feel you can not live with, then do not passively allow it to happen to you.  Once … Continue reading Can I back out of divorce/separation agreement?

3 Siblings Made Up a Will after Father Died. What is the Possible Penalty?

Forgery and fraud are crimes--serious crimes, and they carry serious criminal penalties. Lying to the tribunal, by submitting falsified papers, can give rise to civil and criminal contempt charges as well as subject one to fines, and/or incarceration. When a person dies without a Will, they are deemed to be "intestate" (without a 'testament').  The courts … Continue reading 3 Siblings Made Up a Will after Father Died. What is the Possible Penalty?

What is the Difference Between Guardianship and Custody?

Custody is the exclusive purview of a parent.  A parent is the natural guardian of a child. When a child is born there is a presumption of legal and physical custody of the child to the biological parent(s).  However, for every rule of law there are exceptions. If a child is born to a married … Continue reading What is the Difference Between Guardianship and Custody?