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 impossible to answer.  Massachusetts law provides for an equitable division of the marital estate in a divorce.  While that is often a 50/50 split, it is not required.  If you can provide more information I would be happy to answer the question. [Read more...]

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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 your husband did not tell you about his criminal background would not likely qualify as grounds for fraud under the law.  Providing you with a fake name would likely meet those grounds.  It is also possible that your marriage was not valid in the first place if he used a fake name on the marriage certificate.  That being said, you should be aware that granting of the annulment would mean that you would need to then file a separate complaint (either for Patenrity if he did not sign the voluntary acknowledgment at the hospital or for child support) to obtain any support and custody orders.  It would be less expensive to file for divorce so that child support, custody and any visitation he might seek can all be dealt with at the same time.  You should consult with experienced family law attorney to find out more about your rights and obligations in this matter.  [Read more...]

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 magistrate determines that the amount being paid is within the child support guidelines or reasonably close to the guidelines amount.  You should consult with an experienced family law attorney to determine if the amount you’re agreeing to is likely to be approved by the court.  [Read more...]