Does a legal separation freeze assets and debts at the time of filing?

The short answer is: NO There are big difference between divorce and "separation". MA does not have a provision for legal separation---only for Separate Support. Which means if you want to stay married but live apart, support orders can be entered which can include child custody and child support as well other provisions. However, the … Continue reading Does a legal separation freeze assets and debts at the time of filing?

I have custody of my 4 yr old daughter. Her mother just moved to Texas and wants her to visit there. How can I stop this?

There is usually a visitation order issued concurrent with the award of custody. One parent has physical (and possibly sole legal custody) and the other has the right to visit with the child.  The visitation order lays out when (and sometimes where) the child can visit with the non-custodial parent ("NCP"), as well as any … Continue reading I have custody of my 4 yr old daughter. Her mother just moved to Texas and wants her to visit there. How can I stop this?

My husband has lied three consecutive times on his financial. What can I do about the under-reporting of income and assets?

Spouses that lie or under-report income are not uncommon in Divorce and Child Support proceedings. You have to bring whatever evidence you have of the under-reporting to the court's attention. You should file a motion for further financial disclosure, which opens the door for a discussion of his finances in court. You can also use … Continue reading My husband has lied three consecutive times on his financial. What can I do about the under-reporting of income and assets?

As part of divorce, I agreed to pay half of college costs for kids. However, last year I declared bankruptcy Am I at all protected?

Your legal remedy is go file a Complaint for Modification of the Divorce Agreement immediately. Only the court can determine if you are absolved of this legal/contractual responsibility due to the bankruptcy.  However, you should know  that when filing a Chapter 7 or 13 bankruptcy petition, an automatic stay provided by Bankruptcy Code section 362(a) … Continue reading As part of divorce, I agreed to pay half of college costs for kids. However, last year I declared bankruptcy Am I at all protected?

What are the steps to gain full custody of my daughter?

"Custody", as used in a domestic relations context, is made up of two parts: Legal and physical. Where a child is born to a married couple, both parents have a natural right to both physical and legal custody. These legal parental rights can only be altered by judicial intervention, when the parents legally separate or choose … Continue reading What are the steps to gain full custody of my daughter?

If I get custody, can I stop paying child support?

Generally, "custody" can be obtain in one of two ways: (a) you are an unwed parent and wish to establish a recognition by the state that you are the lawful parent and custodian of a child.  Most often this arises when an UNWED mother needs to establish legal custody (and paternity) in order to secure … Continue reading If I get custody, can I stop paying child support?

What does an “uncontested divorce” really mean?

Historically, divorces have been frowned upon socially, and discouraged legally. During the 18th and 19th century, the court system created a complex set of criteria (elements that had to be plead and proven) in order to have a Complaint for Divorce accepted for consideration by the court.  There were five causes of action for divorce--reasons … Continue reading What does an “uncontested divorce” really mean?

My husband wants to separate. What do I do before he leaves to protect myself?

Massachusetts does not have a comprehensive system for legal separation. There is one statute relating to legal separation in Massachusetts: it is the “Separate Support” statute, Massachusetts General Laws, Chapter 209, Section 33. The statute only addresses the issue of SUPPORT in a Massachusetts legal separation, and does not address property division or other issues … Continue reading My husband wants to separate. What do I do before he leaves to protect myself?

HOW CAN I GET A DIVORCE IF MY HUSBAND WONT AGREE TO ANYTHING ?

Custody, support-- of children and sometimes spouse-- visitation and distribution of any marital assets/debts will all be settled in the course of litigating a divorce. You and your spouse can do so by settlement (reaching an agreement), or the court will do it through a trial of the unresolved issues. Child support is an obligation … Continue reading HOW CAN I GET A DIVORCE IF MY HUSBAND WONT AGREE TO ANYTHING ?