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How Long will it Take for My Divorce in Massachusetts become Final?  A divorce will be final 90 days after the judge issues what is called “Divorce Decree or Divorce Judgment”.  The Decree itself is called a “Nisi”. There is that waiting period of time where the court will then issue a final decree called […]

In Massachusetts how do I determine Which County to File a Divorce?  It is called a “Venue” which talks about the local courts and which to file a divorce action.  In Massachusetts a divorce is filed in what is called the “Probate and Family Court” and the appropriate place to file is the county of […]

How do I Serve a Spouse that is Missing or I can’t Locate?              You can get divorced even if you are not able to notify your spouse because he/she has disappeared. There are some restrictions unless you serve your spouse in terms of alimony or child support. When you know where you spouse lives or […]

What is the Difference between a Temporary Custody Hearing and a “Placement Hearing”? Place decisions are within the powers of the legal custodian; which can include the DCF, 3rd party legal custodian. The court does not choose the placement that is looked at under Section 21 of the General Laws, Chapter 119 and saying whether […]

Under the General Laws, Ch. 119 Section 24 or 25 under Rule 9. The Temporary Custody hearing can be waived by a parent, guardian, custodian or child.  The waiver of a parent, guardian or custodian shall be in writing signed by the parent, guardian or custodian.  Unless the parties are representing themselves, then the attorney […]

There is an interesting case called Care & Protection of Emanuel in Massachusetts that talks about the process where absent or waiver meaning that the parents and child waive the right to a 72-hour hearing. The court would first determine whether the custody of the children should be removed from the child’s parents; or the […]

The Financial Statements in Massachusetts are used to have the party’s discoveries; that they are able to understand the financial picture and the courts able to understand the financial picture of the other party. Some of the Financial Statements are fairly exhausted and what you have to list is fairly exhausted. However, big coins or […]

What does a Prosecutor Have to Prove to Show that a Violation on a Restraining Order took place? They have to prove the case beyond a reasonable doubt; which leads to a moral certainty. They must show (1) a Restraining Order was issued to you by the court and it is valid; (2) that you […]

If your alleged to violate the Restraining Order that is an alleged criminal offense.  There are a variety of different ways that it can be alleged, and it depends on what the terms of the Restraining Order are.  If there is a no contact order, certainly any phone, text, in person, having third parties contact […]

What is a Restraining Order?  Is it a Civil Case or a Criminal Case? In Massachusetts a Restraining Order or Harassment Prevention Order is not a criminal case in terms of the Order itself, yet a violation of the Order would be considered a crime. Restraining Order Violations are Considered Misdemeanors under and handled in […]