Additional Information:

I separated from husband in 2008 and moved to Chelmsford, MA from NY. How can I get divorce if we have no contact? We did not have any children from marriage but I do have a ten year old from previous. We parted in ill terms & I have no way of contacting this man as I do not know where he moved to after I left. How hard is it to get a divorce in the State of Mass?

ATTORNEY ANSWER:

It is not difficult to get a divorce in Massachusetts. Usually, you file for divorce and can have your spouse served at their last known address. As you know that he moved from his last known address, you will have to accomplish service by Publication. This is a request to the Court to publish in a local newspaper the legal notice that you are seeking a divorce. If you have any knowledge of where your husband’s parents or siblings live, you might want to contact them to see if they have a means of contacting him as that would make it easier.  As you have lived here for more than a year, you can file in Massachusetts. Once you have filed and served by publication, you will have to wait six months to request a hearing. At that hearing, so long as you have complied with service requirements, the Court will enter a Judgment of Divorce Nisi which will become final 90 days later. I would be happy to discuss the process further with you. [Read more...]

Additional Information:

Do a husband and wife both have to be present to file a joint petition for an uncontested divorce in Massachusetts?  Do we have to go together or can we go separately?

ATTORNEY ANSWER:

Generally, both parties to a divorce (even an uncontested matter) have to appear at Court to present the separation agreement for approval.  This is so that both parties state on the record that they voluntarily entered into the agreement and agree that it is fair and reasonable under the circumstances. A Motion to Waive Appearance of one Party is sometime allowed for good cause (such as it would be an economic hardship for a party to travel from out of state for the hearing) so long as accompanied by an Affidavit setting forth the reasons to waive the appearance of that party. [Read more...]

ATTORNEY ANSWER:

Once the divorce is final, you can get remarried approximately four days later. You can apply for a marriage license one day after your divorce becomes final. It usually takes three days for the license to issue. Obviously, holidays and weekends and other days town offices are closed can change this calculation. Please note that in Massachusetts, the divorce is not final when you present your agreement to the Court. In a joint petition, the Judgment Nisi does not issue for 30 days after you’re in Court. Once the Judgment Nisi issues, there is still a 90 day waiting period for your divorce to become final. [Read more...]

Additional Information:

We live in Lowell.  My wife has a mental illness and has made bad decisions in the past, lets my daughter do whatever she wants and is basically more of a friend than a parent to my daughter. She lies and manipulates my daughter and I have totally stayed out of that game and am committed to being a parent..PERIOD. However, now that my daughter is turning 14 and her mother is more lenient and lets her do what she wants, I am worried that my daughter may want to go live with her mother. What can I do to stop this? [Read more...]

Additional Information:

I want no legal ties. Shouldn’t I wait until refinancing to sign?  We agreed that I am moving out and he wants the house. We agreed that he would try to refinance to get the house in his name only. I agreed to even help pay if it costs money to refinance because the house is now worth less than owed. We have our first court date in less than a month. I don’t want to sign a quit deed until the refinance and I know I will not have any legal responsibilities or destroy my credit. I want control if he can’t refinance so at that point we can try to sell or do a short sale. I have moved out and we have agreed that he will pay for the house from now on. Should I sign that quit claim deed yet?

ATTORNEY ANSWER:

If you are represented by counsel in your ongoing divorce, I strongly suggest you ask your attorney about this issue. Signing over the deed does not end your marital interest in the home. Given your concerns about his ability to refinance the property, my advice would be not to sign the deed until he gets approved for financing. [Read more...]

Additional Information:

Father has full physical custody. Mother has court ordered visitation which includes overnight visits. Due to behavior problems with the children, the mother no longer wishes to have overnight visits and other visitation issues outlined in the divorce agreement.  Can the custodial parent force the non custodial parent to take the children if she does not want to?

ATTORNEY ANSWER:

It is difficult to force a parent who does not want to see their children to adhere to the parenting plan as outlined in the Court Orders. You can file a Contempt Action to try and have the Court enforce the schedule but that is quite difficult to do. There are sanctions that can be used to offset things like additional costs for day care. You should consult with an child custody attorney and I would certainly be happy to meet with you if you want a consultation. [Read more...]

Additional Information:

Our father left his step children everything. Can we sue his estate for him being a dead beat?  He banked all his money, didn’t support his kids, and all these years he owned a house, 2 cars, had a pension fund and two bank accounts. He left us nothing. Is there anything we can do?

ATTORNEY ANSWER:

Assuming that there was a child support order from the court, then yes his estate can be sued by the mother and possibly by the children. If no court orders, you could still make a claim against the estate (assuming there are sufficient assets in the estate) if you can prove paternity (unless parents were married, then paternity not an issue). Consult a attorney to get more information. [Read more...]

Additional Information:

My husband and I have been separated for just over 30 days. We were married in Rhode Island in 2007 but have been living in Andover Massachusetts since 2008.

ATTORNEY ANSWER:

So long as you are still living in Andover, you should file here in Massachusetts.  The location of the marital ceremony is irrelevant to jurisdiction to file for divorce. The issue is where you reside at the time you file for divorce.  The second issue after state jurisdiction is venue (which county you need to file your divorce complaint in).  If either of you continues to reside in the county where you last lived together as husband and wife, you must file in that county. If you both reside in different counties, then you can file in either county where one of you now resides or the county where you last resided together as husband and wife. [Read more...]

Additional Information:

In an uncontested divorce, is there a 12 month waiting period in Massachusetts before you can file papers for divorce?

ATTORNEY ANSWER:

In an uncontested divorce, there is no twelve month waiting period because neither side is contesting jurisdiction.  The only time that there is a twelve month waiting period to file for divorce in Massachusetts is when only one of the two spouses resides here and the other has never lived here.  Even in that situation, it is possible to circumvent the twelve month residency requirement if the irretrievable breakdown of the marital relationship occurred after the filing party moved to Massachusetts. [Read more...]