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?
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?
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 … Continue reading Please explain what is a “motion”
There is no requirement that the custodial parent show proof of how the funds given as child support are spent. If there is a question of the care and welfare of the children, the plaintiff (whoever files the allegations) has to prove by a preponderance of evidence abuse, neglect or mistreatment. Even then, it will still … Continue reading Am I required to show my ex itemized receipts on how I spend child support funds?
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?
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 ?