What is Alimony?  Alimony or spousal support is the amount that one party may pay the other in a divorce action.  Massachusetts will often call it spousal support. In Divorce Cases is there always an Order of Alimony?  In Massachusetts there is not always an order of alimony, it depends on the financial circumstances of […]

What is DYS in Massachusetts? DYS stands for the Department of Youth Services; which in Juvenile Court is a Juvenile Justice Agency and a directional facility.  It operates a variety of services not just secured locked facilities, but also a variety of different delinquency prevention substance abuse and other aspects. What is DCF? DCF is […]

In Massachusetts there is not a formal procedure for emancipation where a child ends the parents right to control the minor child or the parents right to participate in decision making about the child. If a child becomes emancipated, the parents lose their rights to determine where the child lives, goes to school and things […]

Does an Uncontested Divorce in Massachusetts require a Court Hearing?  Yes.  There is a court hearing even if there is a full Agreement and the divorce is uncontested. The Judge has to find that the Agreement is “fair and reasonable” and that the children are protected appropriately. You do need to go in front of […]

In Massachusetts How does a Judge decide Custody if the Parents are not married? The mother has sole, legal and physical custody of the child if there is no court order and the parents are unmarried. However, going into court you can get a custody order such to either ask that the father seek sole […]

Can Children go to Court to Testify about who they want to Live with in Massachusetts in custody decisions? No.  The courts do not want children to be directly involved with the Judge or the court process.  There can be exceptions.  However, there are ways to get the child’s voice heard; including a Guardian Ad […]

What Happens in Massachusetts if we Change our Mind about a Divorce, but it has already been Filed?              You and your spouse, if you are both in agreement, can agree to Stipulate to Dismissing the Divorce action and you can always re-file in the future. What is the Difference between a Divorce and an […]

In Massachusetts Do I have to go to Court to get the Divorce Finalized?              Even for an uncontested or a simple divorce you do need to attend a hearing before a Judge and testify under oath to simple questions like the date of marriage, if it is an irretrievable breakdown, if you filled out […]

In Massachusetts What is a No-Fault Divorce?  There used to be that in a divorce you would have to prove that your soon to ex-spouse had done something wrong to be able to be granted the divorce. For example, adultery, abuse, insanity and things of that nature.  It used to be difficult to get a […]

What is Guardianship of a Minor?  People ask what is Guardianship of a Minor?  It is a legal process of a child that is under the age of 18 and seeking custody for that child who is not under the parent’s care.  Massachusetts can give custody and care of a child to a guardian; either […]