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In Massachusetts you do need to make a written request to the local area DCF office or a copy of the redacted records which means the blacked-out records. You should also keep a copy of the letter with that request in a file in case there is a disagreement.  In addition, if you have a […]

It is a Qualified Domestic Relations Order. It is a way in a divorce action to divide retirement accounts in a technical process that avoids penalties that would otherwise exist if the retirement account was divided. You should speak to an attorney about the specifics of this but it is a very good mechanism to […]

How do you Serve Divorce Papers if My Spouse is in Jail? You can have a sheriff or Constable serve them at the prison and there usually is a coordinator to be able to properly serve them.  You will still need to have them properly served whether or not they are in prison or not.

If your Spouse is in Prison, would your Divorce be Contested or Not? It is a similar analysis in Massachusetts to see whether or not your spouse would agree with the divorce as in agreement with things such as child custody, spousal support if any, property division, health insurance and so forth. If you are […]

If your spouse is incarcerated you can file for divorce? In Massachusetts you can either file for a no-fault divorce by simply saying there is a breakdown of communication in the marriage; or you can argue specific grounds for divorce which includes a prison sentence of 5 or more years and for some other fault […]

Can you Terminate an Abuse Prevention Order just because of the Passage of Time? To terminate an abuse protection order, “the significant change in circumstances must involve more than the mere passage of time, because a judge who issues a permanent order knows that time will pass. Compliance by the defendant with the order is also […]

In a Restraining Order, can a Defendant be Convicted of Violating a “No Contact” Provision under the Restraining Order 209A, where the Violation is Unknowing Accidental or Inadvertent? Under Commonwealth vs. Raymond the court held the Defendant cannot be convicted under that provision.

What is the Burden to Have the Order Extended for an Abuse Prevention Order (“APO) or Restraining Order (“RO”)? To extend an Abuse Prevention Order (“APO”) the Plaintiff has to pick a showing similar to that they seek during the initial Order. So, there is not a presumption from the fact that a prior Order […]

If I believe that My Spouse or Significant Other has Exhibited Violence or Threats, how do I get him/her Removed from the Home? You can either go to your local court and get a Restraining Order and if the Judge makes a determination, the Judge can order your spouse or significant other to leave the […]

If I’ve Been Served with a Restraining Order, how do I get my Property out of My House? You want to look at the particular Restraining Order carefully to determine how you can get your personal property.  Most times, the court grants you permission to at least retrieve some of the property but usually with […]