I understand there is no “legal separation” in MA.    We’re not ready to get divorced, but if we decide it’s best for him to move out of our home in Auburn, who will govern issues on custody, visitation and support?

ATTORNEY ANSWER:

There is a Complaint for Separate Support available in Massachusetts.  It would govern issues of the marital home as well as custody, support and visitation.  I always caution my clients about the practicality of this device.  You would go through all the machinations of a divorce but not be divorced at the end.  Of course a complaint for divorce always supersedes a separate support action. 

Auburn Family Law Attorney, Geoffrey German, concentrates in family law matters including separation when couples are  not ready for the finality of divorce.    He practices in Auburn MA and throughout Worcester County including the cities and towns of Leicester, Worcester, Millbury, Sutton, North Oxford, and Charlton.

My husband and I have decided to get divorced.  We are on amicable terms and decided on shared physical custody for our daughter.  She will live with me in our Millbury home, and then stay with her father every other weekend and every other Tuesday/Wednesday/Thursday nights.   I just received papers from his lawyer stating negative things like I am mentally cruel, and neglectful of duty.  Does it seem like his lawyer is setting it up to ask for sole custody, if so, should I do the same?

ATTORNEY ANSWER:

Yes it certainly does appear that his lawyer is proceeding in a contested manner.  If your husband truly wanted a joint custody arrangement, he would have negotiated with you.  You should proceed in a contested manner to retain all of your rights with the court.  Of course you can always negotiate if  both parties are willing.  However, a true joint custody arrangement requires cooperation by both parties.  Based on his actions, do you truly believe that your husband will be able to do this in the future? 

Millbury Divorce Attorney, Geoffrey German, concentrates in family law matters, assisting families going through divorce and the issue of Child Custody, often the most important aspect of divorce.  He practices in Millbury Massachusetts and throughout Worcester County, including the communities of Auburn, Worcester, Grafton, Northbridge, Sutton, and North Oxbridge.

My child’s father is not on my son’s birth certificate. I just filed a petition of paternity today in Worcester county court.  My son is on his father’s health insurance policy and my ex-boyfriend does believe he is the father.  I’d like the father’s name on my son’s birth certificate.  Is this enough to establish paternity or will the judge still order a test?

ATTORNEY ANSWER:

To be safe, a genetic marker (DNA) test should be done.  Then there will be no doubt as to who should be placed on the birth certificate as father. 

Worcester Paternity Lawyer, Geoffrey German, practices throughout Worcester County, and concentrates in family law matters regarding division of assets,  Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.

My girlfriend and I have been dating for about 6 months. She just told me she is pregnant and plans to give the baby up for adoption. She insists that the baby isn’t mine but I am pretty sure it is.  What is the process for determining paternity and can I petition for custody?  She is now about 4 months pregnant and  already working with a Worcester adoption agency.  Is there anything I can do now to  halt or delay the process?

ATTORNEY ANSWER:

As soon as the baby is born, you must file a complaint to establish paternity and a motion for genetic marker (DNA) testing.  If the baby is indeed yours, you can fight any adoption petition. 

Worcester Custody Lawyer, Geoffrey German, practices throughout Worcester County, and concentrates in family law matters regarding division of assets,  Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.

My husband and I separated about 18 months ago. We have kids together and share custody.  He currently pays for the mortgage on the house in Westborough, health insurance for me and the kids and I’d like to ask him for more financial support to help with the children’s extracurricular activities and clothes.   Month to month the expenses fluctuate.  Will a divorce lawyer help hash out all the financial details?

ATTORNEY ANSWER:

First of all, you do not say what you mean by sharing custody.  If you have physical custody, he would be required to pay you child support and alimony.  The alimony would be based on your need and his ability to pay, among certain other factors.  If it is a true shared custody arrangement, he could still pay you child support, if he makes more money than you do.  The issue of alimony again, among other factors, would be based on your need, his ability to pay and the difference between your incomes. 

Westborough Divorce and Finances Lawyer, Geoffrey German, practices in Westborough, Massachusetts and throughout Worcester County, and concentrates in family law matters regarding division of assets,  Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.

After a 7 year marriage, I separated from husband in 2008 & moved to Grafton.   I am planning to get remarried and need to finalize our divorce but don’t know how to go about doing that as I’ve lost contact with him. We parted on bad terms and I have no idea where he moved after I left.  Can a divorce attorney help with this or do I need to locate him first?

ATTORNEY ANSWER:

It would be best if you know where your ex resides.  If you do not you would need to swear under oath that you do not know, have him served by a sheriff or constable at his last known address and obtain an order for service by publication from the court.  You would then have to publish notice to him in the newspaper.  As for your re-marriage, do not plan a date before you get  divorced  as  a   divorce could  take  a  while,  and  you  also have the nisi (waiting) period for it to become final. 

Grafton  Divorce Lawyer, Geoffrey German, practices in Grafton, Massachusetts and throughout Worcester County, and concentrates in family law matters regarding division of assets,  Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.

When my husband and I got married, instead of a having a big expensive wedding, we eloped.  My parents then gave me the down payment on a house we bought together in Shrewsbury (about $30K).  The check was written just to just me, but they didn’t provide a gift letter or anything like that.  We are now getting a divorce and figuring out the financial aspects and how we will divide our assets.  Will my husband get half of this asset?

ATTORNEY ANSWER:

There are important factors that you do not address.  Did your parents tell you it was a gift?  A loan?  How long have you been married?  Did your husband contribute other funds to the purchase or improvements to the home?  The answer to this question is in many ways dependent on the facts of the particular case.   Contact us for a free consultation, we’d be happy to assist you with this divorce matter.

Shrewsbury Divorce Attorney, Geoffrey German, practices throughout Worcester County, Massachusetts and concentrates in family law matters regarding division of assets,  Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.

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 I should do. There is no provision in the divorce agreement about this situation.   Health insurance is very expensive in MA, I can’t afford to cover her health insurance outside of my employer’s group insurance.  Can I remove my ex from the health insurance?

ATTORNEY ANSWER:

If your separation agreement does not contain language allowing you to terminate health coverage for your ex wife upon a certain date or upon the occurrence of a certain event, such as your re-marriage, your retirement, your ex wife reaching a certain age, etc, then no you may not simply remove her from coverage.  Some separation agreements state that you maintain coverage for your ex so long as it is available at no extra cost to you.  Therefore it is very important that you read your agreement carefully.  If the agreement not does allow you to terminate coverage, then under most circumstances you must file a Complaint for Modification seeking to modify your agreement. 

Worcester Divorce Modifications Attorney, Geoffrey German, practices throughout Worcester County, Massachusetts and concentrates in family law matters regarding Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.

All of our financial accounts were in my husband’s name only, which I now understand was a mistake.  He’s taken all of his stuff plus some of my things from our Worcester apartment has left me and the kids.  Also, he changed all the passwords to our bank and savings accounts.  Can he move money and essentially “hide” our assets before we get divorced?   He has disappeared and left me with no money to support myself or our children. What should I do?

ATTORNEY ANSWER:

It is imperative that you file a divorce immediately.  This would immediately restrain him from spending, selling or otherwise get rid of assets.  You probably want to do an asset search on your husband as well.  You should go through your own records to ascertain where your husband now has or at least used to have accounts or other assets.  You could follow the trail from there.  You would also have subpeona power with the filing of a divorce so that you could get records from banks, etc. 

Worcester Divorce Lawyer, Geoffrey German, practices throughout Worcester County, Massachusetts and concentrates in family law matters regarding Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.

I just found out that my husband has a criminal background and has been using a fake name since I have known him.   Does this qualify for an annulment in MA?  Also, can a court order child support to be paid in a lump sum?  I know he has money now, but he hasn’t been able to consistently hold down a job so I worry that he won’t be able to make monthly child support payments.  What should I do?

ATTORNEY ANSWER:

Fraud is grounds for an annulment in Massachusetts.  The court has broad powers in ordering the payment and collection of child support.  You certainly have an argument that you should receive a lump sum of money your husband has now as applied against future child support payments. 

Worcester Annulment Attorney, Geoffrey German, practices throughout Worcester County, Massachusetts and concentrates in family law matters regarding Adoption, Child Custody and Support, Contempt, Divorce, Guardianship, Legal Separation, Modifications, Paternity, and Protective Orders.