Conflicts With Court Ordered Parenting Time

It is frequently asked by parents living under parenting schedules ordered by the Court, what can they do to get the other parent to be more cooperative in last minute or long term plans that conflict with the parenting schedule. Frankly, there are not that many options.  A parent has the right to go to […]

SEPARATION v. DIVORCE

Dissolution of a marriage can only happen through a divorce decree issued by a Court of competent jurisdiction. However, many states issue “legal separation”, “conversion divorce”or “separate support” judgments– which fall short of a divorce but still address certain marital situations. A legal separation and separate support are types of applications to the court to recognize that […]

Can I Protect My Pension From My Soon-to-be Ex?

MA adopts the position that ALL assets of the parties (individual and marital) are put on the table for distribution at time of divorce. Many states honor “separate property” doctrine at time of divorce–that is property the parties’ owned before marriage or in their name only — but MA does not.  So, any pension in […]

If giving up custody of my two children to my husband can I go back in several years and try to get custody?

Let me correct you about certain assumptions your question seems to be making: In today’s environment, “fault” is not necessary to prove against the other spouse to get a divorce. In other words, infidelity, cruelty, abandonment etc., does not have to be plead or proved to get a divorce, and frankly most lawyers do not […]

How Fast Can I Get A Divorce If I Can’t Locate My Spouse?

Respectfully, you seem to be a bit confused about the process involved in the dissolution of a marriage.  Lets start with: you cannot get a divorce if you cannot locate the other party. To begin the divorce process you must file a Complaint for Divorce with a court of competent jurisdiction (in Massachusetts, a Probate & […]

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 […]

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 […]

When Can I Stop Paying Child Support? :-(

“My kid is 18 now.  Can I just stop paying child support to his mother?” I haven’t run the stats on this, but its my unofficial opinion that this is the most commonly asked question from people looking up legal advice in child support matters on line this year.  As we Baby Boomers age, our children […]

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 […]

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 […]