Reprinted by Permission - American Bar Association Journal By Debra Cassens Weiss A Rutgers University history professor will have to pick up half the cost of his daughter’s education at Cornell Law School, which will cost him about $112,500, according to a New Jersey appeals court. James Livingston is required to pick up the tab because … Continue reading Dad Must Pay Half of Daughter’s Law School Costs
What ever happened to that collection of priceless sports memorabilia? What did she do with all the expensive jewelry you gave her over the years? Are you shocked that your soon-to-be-Ex's Sworn Financial Disclosure Statement didn't mention that 2nd IRA you know he has? Divorcing spouses in all states can use powerful legal tools, called “discovery,” to help them … Continue reading How to Find Your Spouse’s Hidden Assets.
Where a child is born is very significant, in terms of what state has jurisdiction over the child, esp if an interstate custody dispute should arise. Pursuant to the Uniform Child Custody Enforcement laws, where the child is born and lives for the first six months of it's life is the state that has jurisdiction … Continue reading What affect, if any, to giving birth in another state for custodial purposes?
Unlike a criminal defense attorney, a lawyer in a civil action, such as divorce or personal injury, can "quit" with or without consent of the client, especially if the case has not been filed with a court yet. After the case is file and pending before a court, the lawyer must file a notice to … Continue reading Can my lawyer quit?
Only a court of competent jurisdiction can vacate the child support order. If you fail to pay under the existing order you could be setting yourself up for a Contempt charge. If your ex no longer wishes to receive payments from you for the children, she will have to go to the Probate & Family … Continue reading My Ex told me to stop paying her the child support. Is this legal?
Verbal agreements between the parties are totally unenforceable in law. You must memorialize an agreement in writing and file it with the appropriate court. Any Settlement Agreement between the parties is subject to approval of the court. In addition to certain statutory requirements, the Agreement must be "fair", not entered into under duress and each … Continue reading Can My Husband & I Just Agree How We’ll Divide Our Property?
Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce. However, state laws determine how an inheritance is treated in a … Continue reading How is an inheritance treated in a divorce?
Either party can file any motions it deems necessary and appropriate to advance its case; that includes motions for temporary orders. If both parties file timely motions for temporary orders, the court will hear both sides the same day. (Your lawyer or the clerk of the court will tell you about how to notice the … Continue reading Can both spouses file for temporary orders in Massachusetts? And what happens if both spouses request the same order?
In Massachusetts, the process of "vacating" (using the legal term) or modifying a 209A Abuse Prevention Order, i.e a Restraining Order or "RO", depends on a number of factors: (a) which court issued the RO (b) whether you are the victim/complainant or the defendant (c) whether there was an arrest and criminal charges were filed … Continue reading How can I get rid of a DV Restraining Order?