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In Massachusetts what are the different types of Custody Arrangements?

  • Posted by Alexander Nesson
  • On October 29, 2020
There is sole legal custody and that is where one parent makes all the decisions regarding the child’s main welfare issues; such as education, medical decisions, religious decisions and the like. Shared legal custody means that both parents are going to work together to make those major decisions listed above. Sole physical custody means that […]
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In Massachusetts which Court makes the Custody and Visitation/Parenting Time Decisions?

  • Posted by Alexander Nesson
  • On October 26, 2020
In Massachusetts most of the time Judges in Probate and Family Court determine the custody, parenting time or visitation.  These are involved through divorces, paternity, legal separations and the like. There also can be other exceptions where a 209A or a restraining order in district court might have jurisdiction at least for a time regarding […]
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What is a QDRO?

  • Posted by Alexander Nesson
  • On October 15, 2020
It is a Qualified Domestic Relations Order. It is a way in a divorce action to divide retirement accounts in a technical process that avoids penalties that would otherwise exist if the retirement account was divided. You should speak to an attorney about the specifics of this but it is a very good mechanism to […]
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Frequently Asked Questions about Divorcing Someone who is in Jail.

  • Posted by Alexander Nesson
  • On October 12, 2020
How do you Serve Divorce Papers if My Spouse is in Jail? You can have a sheriff or Constable serve them at the prison and there usually is a coordinator to be able to properly serve them.  You will still need to have them properly served whether or not they are in prison or not.
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Frequently Asked Questions about Divorcing Someone who is in Jail.

  • Posted by Alexander Nesson
  • On October 8, 2020
If your Spouse is in Prison, would your Divorce be Contested or Not? It is a similar analysis in Massachusetts to see whether or not your spouse would agree with the divorce as in agreement with things such as child custody, spousal support if any, property division, health insurance and so forth. If you are […]
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Frequently Asked Questions about Divorcing Someone who is in Jail.

  • Posted by Alexander Nesson
  • On October 5, 2020
If your spouse is incarcerated you can file for divorce? In Massachusetts you can either file for a no-fault divorce by simply saying there is a breakdown of communication in the marriage; or you can argue specific grounds for divorce which includes a prison sentence of 5 or more years and for some other fault […]
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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On October 1, 2020
Can you Terminate an Abuse Prevention Order just because of the Passage of Time? To terminate an abuse protection order, “the significant change in circumstances must involve more than the mere passage of time, because a judge who issues a permanent order knows that time will pass. Compliance by the defendant with the order is also […]
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Frequently Asked Questions from Clients about Restraining Orders

  • Posted by Alexander Nesson
  • On September 28, 2020
In a Restraining Order, can a Defendant be Convicted of Violating a “No Contact” Provision under the Restraining Order 209A, where the Violation is Unknowing Accidental or Inadvertent? Under Commonwealth vs. Raymond the court held the Defendant cannot be convicted under that provision.
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