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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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What is a DCF 51A-51B Investigation?

  • Posted by Alexander Nesson
  • On April 21, 2022
The DCF 51A/51B Investigation is supposed to be completed within 15 working days after the intake. However, in reality that does not always occur.  DCF has to make a determination whether the allegations are supported or unsupported or a substantiated concern.  If it is supported that means that there is a reasonable cause to believe […]
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What is the 51B Investigation?

  • Posted by Alexander Nesson
  • On April 18, 2022
What ends up happening is there is going to be a DCF worker assigned to look into the 51A report and they are supposed to provide a Notice of Response letter that will state the child’s name, the allegations, the parent or caregiver associated with the allegation and signed by the DCF worker appointed to […]
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In Massachusetts What is the Standard for a Mandated Reporter to be Obligated to Make a 51A Report?

  • Posted by Alexander Nesson
  • On April 11, 2022
Massachusetts law requires mandated reporters to immediately make an oral report to DCF when, in their professional capacity, they have reasonable cause to believe that a child under the age of 18 is suffering from abuse or neglect. Mandated reporters must also submit a written report to DCF within 48 hours. Examples of mandated reporters can […]
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The Publicity about Different Problems between Massachusetts and New Hampshire with Child who are both Involved with the Courts and Child Welfare, is that Problem Resolved?

  • Posted by Alexander Nesson
  • On April 7, 2022
There is still a lot of different issues going on between states at the time of writing this blog.  I have a case where Massachusetts closes the cases out because the mother moved to Rhode Island and then the Rhode Island DCF closed the case out because the father got custody in Massachusetts.  It is […]
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In Massachusetts What is a DCF Assessment?

  • Posted by Alexander Nesson
  • On April 4, 2022
The “MA DCF Assessment” is a process by the Massachusetts Department of Children and Families (MA DCF). It is when the Department evaluates a family to see if they should be connected to services based on the family’s problems. DCF should start assessments only for families who they believe to need their help. DCF will not begin an […]
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