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 […]

What affect, if any, to giving birth in another state for custodial purposes?

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 […]

Can both spouses file for temporary orders in Massachusetts? And what happens if both spouses request the same order?

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 […]

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 […]

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 […]

I’m 16 yrs old. How can I become “emancipated”?

In some rare instances the courts have allowed a minor to become “Emancipated”–to assume their own responsibility for their own care and to severe the obligation for such care with the parent(s). In order for a court to allow such a legal severance of the parental duties, a petition must be file before a court […]

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 […]

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 […]

Please explain what is a “motion”

A motion is the legal vehicle, a writing and a filing with the court, by which one party “moves” the court for  an order, decision or interim ruling after the case has been commenced and during the pendency of the litigation. Motions are not permitted as a way to commence an action.  An action may only be commenced by […]