How can I change my daughter’s name in Massachusetts?
October 10th, 2011Additional Information:
We live in Billerica, Massachusetts and I’d like to have my 18 year old daughter’s name changed from my ex-husband’s to my last name.
Attorney Answer:
As your daughter is now 18, you can no longer legally file such a petition on her behalf. If your daughter wishes to change her name, she would need to file a Petition to Change name in the Middlesex County Probate & Family Court.
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May I legally take equity out of our home?
October 5th, 2011Additional Information:
My ex-wife is entitled to $50,ooo of the equity in our Lowell home. Our divorce decree does not mention anything preventing me from taking the equity from the home.
Attorney Answer:
If you are talking about taking all of the equity out of the former marital home when your former spouse is entitled to a portion of the equity, that is an extremely bad idea as you could be found in Contempt and forced to give the $50,000.00 back to your former wife immediately. Without more information and reading your separation agreement, it is not possible to answer your question on taking equity out if you mean simply a portion of the equity in the property. You should consult with an experienced family law and divorce lawyer in Lowell.
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My wife has hidden assets in her mother’s name.
September 30th, 2011Additional Information:
After a 11 year marriage, my wife and I are in the process of getting a divorce. She has hidden assets in her mother’s name using her Chelmsford address. How can I subpoena those accounts? I know the bank account #s and they are extensive assets. We just had finished the mandatory mediation where she neglected to tell all. If I subpoena the bank records can I get a postponement of the divorce date?
ATTORNEY ANSWER:
Any Party in a legal Action has the right to have a subpoena issued. There are specific forms that constitute a subpoena and certain procedural requirements that need to be met in order for the subpoena to be valid. Depending on the bank, they may require that you have a constable serve it on them. You also need to find out the legal address the bank uses for purposes of litigation to ensure that the subpoena ends up in the correct department so that you get the requested documents. The other issue as to whether or not you can subpoena the accounts depends on whether or not discovery has closed in your case. If it has, it may be possible for the other side to object. Your mother-in-law may also move to quash the subpoena as well once the bank notifies her it has received it. Not knowing more about the status of your case, I cannot ascertain if you could get a postponement of the divorce date. If you have a trial date and you named your mother-in-law as a witness, you could have a trial subpoena issued that instructs her to bring the requested bank statements and related documents with her to the trial. If you were to discover something in those documents that proved that your wife deposited money into those accounts, that might justify a continuance to give you time to review the documents.
What am I entitled to if I divorce my husband?
September 25th, 2011Additional Information:
I have been married for 33 years, separated for 11 (not legally) we live in separate condos in Andover, Massachusetts. I have decided to get a divorce. I spoke to my husband about it, he said I wasn’t entitled to anything. We have stock , 401k’s. He gets a pension, we have joint bank accounts together, etc.. Now he’s saying he won’t give me anything! Can you please tell me what I’m entitled to?
Attorney Answer:
Under Massachusetts law, assets are divided on an equitable basis. In a long term marriage such as yours, asset division is often (though not always) 50/50. That being said, it is likely that assets accrued after your separation might not be considered part of the marital estate. As for division of assets and whether or not any spousal support would be ordered in your situation, more information would be necessary. I handle a large number of family law matters and divorces in the Andover area and would be happy to consult with you.
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Can I tap my husband’s retirement fund for child support?
September 20th, 2011Additional Information:
My husband was removed from our Tewksbury home for domestic violence. He paid child support for one year then disappeared. He is probably working in the Lawrence, Massachusetts area under the table. Child Support is in arrears by nearly 10k. I know he has a pension fund of nearly 70k. Can I ask for access to these funds?
Attorney Answer:
Assuming that you can properly serve him with a Contempt Complaint, then the law does permit the use of retirement assets to pay child support arrears.Read the rest of this entry »
Will I get the half of my husband’s retirement?
September 15th, 2011Additional Information:
My husband has worked for the same company in Chelmsford, Massachusetts for 24 years and has a significant retirement fund. The divorce lawyer stated half of the retirement fund was mine. I’d like to use the money to buy him out of the house.
Attorney Answer:
You may not need to actually withdraw the money at this time as there are other ways to accomplish your goals of buying out your huband’s interest in the marital home. One such option is for you to take less (or waive entirely depending on the values involved) from his retirement in exchange for the house being transferred to your name. If you absolutely need cash, then you can access the money once it is transferred into a proper retirement vehicle for you. There will be significant penalties and taxes due as a result of an early withdrawal. You should consult with an experienced Chelmsford divorce attorney in order to ensure that your goals are met in a manner that is in your best interests.
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Can we remain separated indefinitely or do we need to get a divorce?
September 9th, 2011Additional Information:
I left my husband a couple of years ago and moved out of state (I’m in IL now but we were married and lived in Lowell, MA). When I moved, we just wanted time apart. Can we remain separated indefinitely or do we eventually have to go through the paperwork and expense of getting a divorce? We haven’t talked in a long time and we don’t have any joint assets or support one another financially or anything. Wondering if leaving a marriage constituted abandonment or something like that in the state of MA?
ATTORNEY ANSWER:
There is no legal requirement that parties get divorced unless one of them wants to remarry. There are, however, consequences to remaining married should you or your former spouse decide to divorce in the future. Those consequences include but are not limited to alimony, marital interest in any property either of you has acquired since the date of separation and division or previously owned marital property if any. As for abandonment, that ground does exist in Massachusetts but is rarely used since the advent of No Fault divorce. Moving out of state is not sufficient in and of itself to constitute abandonment. I suggest you consult with an attorney experienced in family law in Illinois or MA if your husband still resides here.
Will the Judge consider my husband’s marital conduct when dividing assets?
September 6th, 2011Additional Information:
I inherited a significant amount of money from my mother, and paid down the mortgage on our home in Lowell. I later found out that my husband had been with another woman for 3 years and was just waiting to reach 10 years of marriage so he would be entitled to 50% of the house. He is engaged, we aren’t divorced yet. Will his conduct be considered for distribution of assets?
ATTORNEY ANSWER:
There are several factors under M. G. L. c. 208 Section 34 that the Court takes into account when determining what constitutes an equitable division of marital assets. Conduct is in fact one such factor. I strongly urge you to have a consultation with an experienced family law attorney in the Lowell area.
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I have sole custody of our son, if I die can my wife get custody if she wants?
July 26th, 2011Additional Information:
My wife and I got divorced two years ago and I got sole custody of our 5 year-old son. My question is if I put it in my will that my brother will take care of my son if I die, will that happen or can my wife get custody if she wants? Thanks.
ATTORNEY ANSWER:
As the child’s biological mother (same would apply to fathers in this situation), she will automatically be entitled to custody in the event you die, unless her parental rights have been terminated. The granting of sole legal and/or sole physical custody does not terminate parental rights of the other parent. If you do not want your former wife to have custody, you would need to instruct your brother to file for Guardianship of your son in the event of your death. You should state in your will that you do not want your former wife to get custody and should have a separate document stating the reason why you believe that she is unfit to have custody and why it is in your child’s best interests to be raised by your brother. You should leave sufficient funds to your brother for this purpose (perhaps having a small life insurance policy of $30,000.00 to cover any legal fees). Your brother will have to prove that she is an unfit parent in order to be named Guardian of your son.
I’m getting remarried. Can I remove my ex from my health insurance?
July 19th, 2011Additional Information:
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 the heck I should do because I’m pretty sure the insurance company isn’t going to let me have two wives on my health insurance policy. How do I fix this? Can I remove my ex from the health insurance?
ATTORNEY ANSWER:
The “fix” to your situation depends on the language in your separation agreement. In most separation agreements, the provisions covering health insurance generally contain language that states the former spouse is covered so long as eligible for such under the insured spouse’s plan. First, you need to read your agreement and see if it states this. Next, contact your HR department or insurance company and get confirmation that they are not covering former spouses if the employee remarries. If they will cover, obviously you’re all set. If not, you will need to send a written note (e-mail is fine) to your former wife letting her know that you are getting married (assuming you have not yet told her) and your insurance will not cover her once you remarry. You should further tell her that your understanding is that your employer will be sending her notice of a termination date and her available options for coverage under COBRA. The one caveat to consider is that you could have obligations to pay for COBRA depending on how the health insurance provision in your settlement agreement was worded. If you have additional questions, please do not hesitate to contact me directly. Thank you and good luck.