Will I be entitled to anything when we divorce?

Additional Info:  We have been married for 6 months and I realize it was a mistake and want a divorce. We got married because I am pregnant with his child. We rent an apartment in Lowell. He has some money in savings, I do not. Attorney Answer: Once the child is born, you will be entitled to child support assuming he earns more than you and you are the primary custodial parent of the child.  With respect to asset division, this is a short term marriage, so it is likely that the Court would look to put the parties in
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Can my ex prevent me from moving out of the country with our daughter?

Additional Information: My ex and I have a 6 year old daughter.  He sees her every other weekend and occasionally during the week.  We live in Acton, MA but I have met someone who lives outside of the US and we are getting married this year.  I am also pregnant with his child.   I want to move with my daughter to be near him.  What are my legal responsibilities in this situation?  I’d still like my daughter to be able to see her biological father, but obviously it’s not going to be as frequent and can he prevent us from
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Who has visitation rights?

Recently, many states have passed laws that give grandparents certain visitation rights with a child after a divorce or after the death of the child’s parent. Predictably, this has given rise to questions about whether this right should be extended to other close relatives, such as aunts, uncles and cousins. The issue came up recently in Minnesota, when a woman asked for visitation rights with her niece – the daughter of her recently deceased identical twin sister. The woman argued that since Minnesota has a law that gives visitation rights to grandparents, it only made sense to include other family
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Can you change your children’s name after divorce?

After a couple divorced, the wife asked a court to change their two children’s last name to her maiden name. (The children had been given the husband’s last name at birth.) The judge agreed, saying that since the mother was the primary residential parent, it should be presumed that she was acting in the children’s best interests, and her decision should be respected. But the father appealed, and a higher court sided with him. The appeals court said that this result might make sense in the case of a child who was born out of wedlock. For instance, if a
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Will I be responsible for half of my wife’s school loan when we divorce?

Additional Information: My wife took out a loan so she could start her own business.   She had hoped to apply earnings toward the mortgage on our North Reading home, and stuff for the kids.  We are now getting a divorce and besides writing a business plan, she hasn’t launched her business.  Will I be liable for half of the loan? ATTORNEY ANSWER: The answer is maybe.  In terms of the divorce itself, if you are not getting an interest in the business, it would likely not be considered equitable for you to be responsible for the loan.  The problem, however,
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When we divorce, will my husband be entitled to half of a gift check?

Additional Information: My husband and I were both in our 40s when we got married, and having an elaborate wedding didn’t seem right, so we eloped. My parents gave me a gift check which we then put toward a house we bought together in North Andover. We are now getting a divorce.  Will my husband get half of this asset? ATTORNEY ANSWER: This is a difficult question to answer with the information provided.  Without knowing the length of the marriage, equity in the house, amount of the gift, other assets involved, amount of liabilities and other pertinent issues, it is
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What are the requirements for an annulment in MA?

Additional Information: I have been married for 8 months, we have a 10 month old daughter. I just found out that my husband has a criminal background and has been using a fake name since I have known him.   What are the requirements for an annulment in MA?  How should I proceed? ATTORNEY ANSWER: It is unfortuate that you’re going through this situation.  There are various grounds for an annulment in Massachusetts.  The one ground that might fit your situation is fraud.  You would have to show that the fraud went to the heart of the marriage.  The fact that
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In MA, can an order for child support be modified without going to court?

Additional Information: My ex and I have agreed to lowered payments and we have drawn up a new agreement which we both signed and had notarized.   Is what we did legally binding or can she sue me for back child support? ATTORNEY ANSWER: While parties can agree to modify without going to court, such agreements are nonbinding.  She can in fact file a contempt for back child support if she so wishes in the future.  There is an easy Joint Complaint for Modification of child support that can be filed administratively and approved without going to court if the clerk
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Can my wife get custody of our son?

Additional Information: My wife and I got divorced two years ago and I got sole custody of our 5 year-old son. My question is if I put it in my will that my brother will take care of my son should I pass, will that happen or can my wife get custody if she wants? Thanks. ATTORNEY ANSWER: As the child’s biological mother (same would apply to fathers in this situation), she will automatically be entitled to custody in the event you die, unless her parental rights have been terminated. The granting of sole legal and/or sole physical custody does
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Can I remove my ex from my health insurance?

Additional Information: As part of our divorce settlement I’m supposed to keep my ex wife on my health insurance. We have no kids. Now I’m getting re-married and I’m wondering what the heck I should do because I’m pretty sure the insurance company isn’t going to let me have two wives on my health insurance policy. How do I fix this? Can I remove my ex from the health insurance? ATTORNEY ANSWER: The “fix” to your situation depends on the language in your separation agreement. In most separation agreements, the provisions covering health insurance generally contain language that states the
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