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If my spouse and I are still living together can I file for Divorce? Yes.  In Massachusetts it does not require that one of the spouses move from the marital home in order for the divorce to be filed. Other states may be different, depending on the state. If my spouse has threatened to quit […]

I had more cases recently where there have been issues regarding identity theft.  There are some common-sense things that people can do.   One of them is too try not to share your Social Security number unless it is necessary, including on court paperwork. Also, avoid having your Social Security card or Medicaid card with […]

In a care and protection DCF case permanent custody does not necessarily mean a termination of parental rights. Permanent custody and termination of parental rights are significantly different than permanent custody. If DCF has permanent custody you can seek to file something called a Review and Redetermination, where you have to produce some credible evidence […]

There are several steps to file divorce in MA:  Jurisdiction- generally it is easy to show jurisdiction with generally live together as husband and wife in MA and residency requirements but if grounds for divorce occurred outside of MA the plaintiff needs to have lived in MA for at least a year prior to filing […]

If you do not know where your spouse lives or how to serve them paperwork in a divorce and you have made some reasonable attempts to try and locate them you can file a motion for publication and have the notice listed in newspaper where he or she was last known to live( there is […]

An uncontested divorce means that there is no dispute and the parties agree to all terms of the divorce including child custody, support, alimony, division of marital assets and debt and so forth.  This can be done by a joint petition for divorce with related paperwork including a divorce agreement( called a ” separation agreement”

In past the only way to get a divorce was to find that your spouse was at fault such as adultery, abuse and so forth.  Now MA( and most states) allow no fault divorce simply because one spouse does not want to be married.  This avoids showing that your spouse was at fault and makes […]

Getting a divorce is traumatic and sometimes you can spend too much time, money and emotions in an unwise fashion.  5 Tips:  Do not fight over the “pots and pans”.  Personal property has a lot of emotions involved and some sentimental pieces are very important but many times people spend too much time fighting over […]

If you die without a will, your assets are “probated) through the court according to the law on MA ( Intestacy).  This means that the courts will follow how the state has determined the distribution laws rather than how you wish your assets to be divided.  I have had some cases where there have been […]

In part, a mandated reported who in his or her professional capacity has “reasonable cause” to believe that a child is suffering physical or emotional injury that results from either (1) abuse inflicted upon the child which causes harm or substantial risk of harm to the child’s health or welfare( includes sexual abuse); (2)neglect( includes […]