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 … Continue reading Conflicts With Court Ordered Parenting Time

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 … Continue reading SEPARATION v. DIVORCE

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

Massachusetts has taken 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 Massachusetts does not.  So, any pension … Continue reading Can I Protect My Pension From My Soon-to-be Ex?

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

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 & … Continue reading How Fast Can I Get A Divorce If I Can’t Locate My Spouse?

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?