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?
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?
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?
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?
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.
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?
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?
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?
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?
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?