When parties decide that their marriage is over, oftentimes the question arises, “who is going to move out?” There is a common misconception that the party who moves out of the home is giving up her/his right to that home, or to receive money from her/his interest in the home. The result may then be [...]
After a divorce judgment has been entered in a case, the children of the couple remain subject to the authority of the court so long as they live in the Commonwealth. Because of this, when a custodial parent seeks to move out of the Commonwealth with the children, and cannot get consent from the other [...]
The Massachusetts Supreme Judicial Court has heard arguments in a case and will decide an issue which may result in changes to future decisions regarding alimony. As written, the alimony statute does not require a termination date of payments to a former spouse unless expressly stated in the divorce agreement. Alimony orders issued by the [...]
Going through a divorce is difficult at any time, but has become even more so as a result of the many problems that many face in this recession. Perhaps the most difficult to resolve is what to do with the former marital home if there is no equity due to the downturn in the real estate [...]
For many, the effect of the economic downturn became apparent one year ago as people saw their monthly expenses skyrocket due to the increases in the cost to put gas in the family car, to put food on the family table, and to pay the home utilities. Most consumer goods increased in price, as distributors [...]
Service of divorce papers means that someone, typically a constable, has handed you documents filed by your spouse. The documents usually include a copy of:
the complaint for divorce
a summons
a blank financial statement
a tracking assignment which indicates who your judge will be, and
information about a rule which prohibits you and your spouse from transferring, selling, or [...]
If your spouse was ordered to pay you alimony, child support or for other expenses, or to allow you access to your children, and has not done so, then they may be in contempt. You must first review the Court order or judgment to determine if there are grounds for you to file a complaint [...]
If you think you may wish to seek a divorce from your spouse, there are steps you can take in preparation. Having representation by an attorney whose practice includes a substantial portion of family law is strongly recommended. If you are comfortable speaking confidentially with others, you may wish to seek recommendations for an attorney. [...]
If you live with your spouse in Massachusetts, you may file for divorce here. Even if you have not lived with your spouse in Massachusetts as a married couple, you may still seek a divorce here as long as you have resided in Massachusetts for at least one year.