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In a Divorce Case, what’s the Difference Between Merger vs. Survival in Massachusetts?

  • Posted by Alexander Nesson
  • On June 23, 2022
The provisions of Massachusetts Separation Agreements either “merge” or “survive” a Judgment of Divorce. When an Agreement is “merged” into the Judgment, the terms of the agreement become incorporated into the Judgment and are modifiable by the Probate & Family Court, because the court always has the power, when appropriate, to revise or modify its own Judgment. A […]
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For Child Support Cases, what is the Difference Between a Wage Assignment by DOR and a Suspended Wage Assignment by DOR in Massachusetts?

  • Posted by Alexander Nesson
  • On June 20, 2022
It is a question that a lot of people have asked me.  A DOR Wage Assignment means the Department of Revenue will take the child support directly out of the person that pays their check. A suspended Wage Assignment means that the person receiving the money will get it directly from the person that is […]
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In a Restraining Order in Massachusetts, what are Some of the Requirements?

  • Posted by Alexander Nesson
  • On June 13, 2022
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations. There is no time period that you have to file something […]
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What is Fault Based Grounds in a Divorce Case in Massachusetts?

  • Posted by Alexander Nesson
  • On June 2, 2022
Fault Base Grounds for divorce shows that the spouses conduct was inappropriate which led to the divorce. The fault base grounds have to be proven in court by the Plaintiff.  As a general rule, it is either alternatively filing a fault base ground with the alternative on being an irretrievable breakdown of the marriage. Most […]
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What is a No-Fault Divorce in Massachusetts?

  • Posted by Alexander Nesson
  • On May 31, 2022
A “no fault” divorce is a divorce where the marriage is broken beyond repair but neither spouse blames the other. In Massachusetts, the no fault divorce grounds are called “Irretrievable Breakdown of Marriage.”  There are 2 kinds of “irretrievable breakdown” divorces. They’re often called “1A” and “1B.” The most common approach is no-fault based on an […]
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How Long Do I have to Live in Massachusetts Before getting a Divorce?

  • Posted by Alexander Nesson
  • On May 2, 2022
If the cause of the divorce occurred outside of Massachusetts, the plaintiff must reside in Massachusetts for at least one year prior to the filing of the action. If the cause of the divorce occurred within Massachusetts, at least one of the parties must be a Massachusetts resident. Where the cause of action occurred and […]
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Is Massachusetts an Automatic 50/50 State for a Dividing Assets?

  • Posted by Alexander Nesson
  • On April 28, 2022
Massachusetts is not an automatic 50/50 state. The court looks at a variety of different factors; in terms of deciding how the property assets and liabilities are divided. It is called an Equitable Distribution State or Equitable Division State where there are different factors based on the length of the marriage; health of the parties; […]
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