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Frequently asked Questions in Massachusetts Divorce

  • Posted by Alexander Nesson
  • On January 31, 2019
If I bought something in my Name does that mean that it is mine in a Massachusetts Divorce Case?  No.  It does not mean that you have 100% ownership.  They consider it joint marital property, so even if you buy a car, boat or a home just because you bought it does not mean that […]
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Does an Uncontested Divorce in Massachusetts require a Court Hearing?

  • Posted by Alexander Nesson
  • On January 28, 2019
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 the Judge. It is the quickest way to be able […]
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Frequently asked Questions for Divorce in Massachusetts

  • Posted by Alexander Nesson
  • On January 24, 2019
What can the Courts do if I can show that my soon to be Ex-Spouse had bad behavior such as cheating on me, drinking or drug use?  In Massachusetts there is an aspect of division of marital assets that can include the conduct of the parties during the marriage. However, the Courts do not put […]
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Frequently asked Questions for Divorce in Massachusetts

  • Posted by Alexander Nesson
  • On January 21, 2019
In Massachusetts what is the Different in a Divorce Proceeding between a Plaintiff, Defendant or Petitioner? In Massachusetts the person who files a divorce that is “Contested” is called the “Plaintiff”.  The party who is served the divorce is called a “Defendant” (not to be too confusing, but the Defendant can file not only an […]
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What Happens if my Ex-Spouse fails to pay Alimony?

  • Posted by Alexander Nesson
  • On January 17, 2019
You can file a contempt of court.  You can ask for attorney’s fees; possibly ask for a wage assignment coming directly from your ex’s employer and you can ask for your attorney’s fees to be paid if your spouse is found to be in contempt of court.
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Frequently asked Questions in Massachusetts

  • Posted by Alexander Nesson
  • On January 14, 2019
Are there Formulas or Guidelines to determine Alimony like Child Support Cases?  The answer in Massachusetts is no.  There are not any formulas or guidelines that the courts are to use like child support matters where the Judge must make a finding plus or minus 2% points if they don’t follow the child support guidelines. […]
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Frequently asked Questions in Massachusetts

  • Posted by Alexander Nesson
  • On January 10, 2019
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 […]
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Frequently asked Questions in Massachusetts

  • Posted by Alexander Nesson
  • On January 7, 2019
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 […]
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In Massachusetts is there Emancipation for Children?

  • Posted by Alexander Nesson
  • On January 4, 2019
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 […]
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Frequently asked Questions for Divorce in Massachusetts

  • Posted by Alexander Nesson
  • On January 3, 2019
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 […]
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