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?

Dad Must Pay Half of Daughter’s Law School Costs

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

How to Find Your Spouse’s Hidden Assets.

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.

My Ex told me to stop paying her the child support. Is this legal?

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?

Can My Husband & I Just Agree How We’ll Divide Our Property?

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?

How is an inheritance treated in a divorce?

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?

How can I get rid of a DV Restraining 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?

I received a summon for a divorce, but nothing has happened since. What am I supposed to do?

The first thing you have to do is serve and file an Answer to the Complaint.  This should be done within 20 days of service of the summon and complaint.  If the time to answer has passed, you or an attorney can request an extension of time to answer.  failure to answer to the complaint … Continue reading I received a summon for a divorce, but nothing has happened since. What am I supposed to do?