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 […]

What are some Details of Fair Hearing?  A Fair Hearing is under 110 CMR 10 210.36.  The purpose is in part for the consumers to allow foster care providers pre-adoptive and adoptive parents the Fair Hearing under that section. For biological parents they can request a Fair Hearing under 110 CMR 6.12.  For the biological […]

In Massachusetts in a DCF or DSS Case, Can I find out Who Filed the 51A Report and can I read it?  DCF is not allowed to tell you the name of the person who reported you. Sometimes the person could be anonymous; other times it is easy to tell who called, DCF will not […]

In Massachusetts, how is Marital Property Divided?  First, you have to determine that it is marital property.  Massachusetts is an equitable distribution state where the Mass. General Laws have Section 34 factors that the Courts look at; which include the parties and variety of other circumstances that can be looked at to determine whether it […]

If one Parent Moves out of the Home and Leaves the Children with the Other Parent, does it hurt the Parents chances of getting Custody?  The answer is yes.  Every case depends, and it depends on what’s in the children’s best interest, but a lot of the time the Court wants to keep as much […]