Additional  Information:

I got married about a 6 months ago and I’m ready for divorce.   We got married because I am pregnant with his child. We rent an apartment in Westborough.  He has some money in savings and a stable job.  I do not have any savings and am not working because of a complicated pregnancy.  Will I be entitled to any alimony or support?

ATTORNEY ANSWER:

Under the new alimony law, scheduled to take effect March 1, 2012, you would receive little or no alimony after a six month marriage.  Assuming you obtained custody of the child, you would receive child support until the emancipation of the child, which could be until his/her 23rd birthday. [Read more...]

Additional  Information:

My wife and I got divorced two years ago and I got sole custody of our 5 year-old son.  My son and I live in Leicester, MA nearby my brother and his wife.  My question is if I put it in my will that my brother will take guardianship of my son if I die, will that happen or can my wife get custody if she wants?

ATTORNEY ANSWER:

Upon the death of a parent of a minor, the court will always look to the other biological parent first as to custody.  Without that parent’s consent to custody elsewhere, a third party would need to prove the biological parent unfit in court to obtain custody of the minor.  With that  being said, if the custodial parent does not believe that the child should be with the other parent upon his/her death, it is never a bad idea to put his/her wishes in the will (i.e. custody/guardianship) as a court will have an obligation to follow the decedent’s wishes.  This is subject of course, to the rights of the other parent.  [Read more...]

Additional Information:

Our grandson is being out up for adoption, as his grandparents can we adopt him?   Our daughter is working with a national adoption agency and I think they have completed a home study with a prospective adoptive family in Worcester.  We don’t have a good relationship with our daughter.  Can the court put a halt to adoption in progress?  Wouldn’t the courts rather the child be with relatives?

ATTORNEY ANSWER:

Grandparents as blood relatives can file an adoption without using an agency.  It would be up to the court to decide which of the competing adoption petitions would prevail.  [Read more...]

Additional Information:

I’ve financially supported my wife for over 20 years of marriage. We are going through a divorce and she just received an inheritance of over $200,000.  Will I be entitled to 50%?

ATTORNEY ANSWER:

Any assets obtained during the course of a marriage are marital assets subject to division in a divorce.  However there is case law in Massachusetts regarding inheritances.  Was it commingled all or in part with joint marital property or kept separate?  Was it used to further the lifestyle of the parties?  In this case the answer appears to  be no, but these assets to your wife could make a difference in the distribution of existing marital property as well an alimony award, if any.  [Read more...]

Additional Information:

My wife and I are in the process of getting a divorce.  I recently found out that she has hidden assets in her mother’s name and within her mother’s accounts.  I know the account numbers, and they are extensive funds.  The final divorce court date is just a couple of weeks away.  Can my lawyer subpeona those accounts?   If so, can we get a postponement of the divorce date?

ATTORNEY ANSWER:

Yes, your lawyer can subpeona those accounts.  If you could show that the funds in the accounts are truly marital assets derived from your wife, they would certainly be relevant in any divorce hearing.  Your lawyer would have to file a motion to continue the trial, probably supported by an affidavit stating that your wife fraudulently concealed funds from you and the court.  [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. Is what we did legally binding in MA?

ATTORNEY ANSWER:

Any change of child support or other terms of your child support order is not valid in court.  Even if you and the other parent agree on a reduced figure, the other parent may sue you for the money you did not pay (even with an agreement) unless you legally modify the order by court judgment.
[Read more...]

Additional Information:

My husband and I have been divorced for a little over a year.  The kids live with me full time in the Worcester area and I’m wondering if the provisions of a divorce be changed after finalization?  What is the process and is it difficult?

ATTORNEY ANSWER:

Generally, provisions related to children can always be changed.  The party seeking a change must prove to the court a material change of circumstances.  One example of this would be if the payor got laid off for his/her employment, such that the child support payment would be lowered while that parent was unemployed.  The proper way to amend a judgment would be through the filing of a Complaint for Modification.  Any issues not related to children could also be changed by a Complaint for Modification as well upon a showing of a material change of circunstances.  This filing would depend on wording in your Separation Agreement.  If the Judgment “survives” it is not modifiable.  If is is “incorporated and merged” it is modifiable. [Read more...]

Additional  Information:

I am getting a divorce. My wife makes more money than I do, will I be entitled to alimony and how is it determined in Massachusetts?

ATTORNEY ANSWER:

The alimony statute is not gender dependent.  Depending on the circumstances either spouse may obtain alimony from the other.  The purpose of alimony is to allow the payee spouse to maintain a lifestyle similar to the one he/she enjoyed during the marriage.  It is conditioned upon need and ability to pay.

The Governor signed the new alimony statute on September 26, 2011 and it is scheduled to take effect March 1, 2012.  This new law places among other things time limits on alimony that are related to the length of the marriage. [Read more...]

Additional Information:

I was just married and now realize it was a mistake.  We’ve been married only 3 months.  What are requirements for getting an annulment in Massachusetts?

ATTORNEY ANSWER:

If you made a poor decision, you will not be able to get the marriage annulled.  The requirements for an annulment in Massachusetts are lack of consumation of the marriage or fraud. [Read more...]

Additional Information:

My husband is a successful business executive and has worked at the same Worcester company for 18 years. I’ve been a stay at home mom for those years and have essentially raised our kids and ran the household. He now would like a divorce.  I have not received a paycheck in  15 years. Now that our kids are going to college, I’d like to enjoy my time and I’d like to know if I’m entitled to alimony.

ATTORNEY ANSWER:

Unlike child support there are no mandatory guidelines or mathematical formula that the Judge is required to use when determining whether to or how much alimony or spousal support to award a particular party.  In determining the amount of alimony, if any, to award a party the Judge is required to take into consideration several different factors as listed in Massachusetts General Laws, Chapter 208, Section 34.  Some of these factors are length of marriage, occupation of respective parties, and employability of respective parties. [Read more...]