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Frequently Asked Questions in a Divorce Case

  • Posted by Alexander Nesson
  • On March 18, 2019
Should I try and hide or move my assets to protect them prior to filing for divorce?  No.  Not only is it unethical to do so, but you could get into trouble because of you filing documents under the pains and penalties of perjury and testifying before the Judge.  In addition, even beyond getting in […]
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Frequently Asked Questions in a Divorce Case

  • Posted by Alexander Nesson
  • On March 14, 2019
In Massachusetts can Pets be part of the Divorce?  When couples divorce, people fight over a lot of different things. Many times, it is financial, such as marital homes, businesses or pensions. There are also custody disputes about children. However, it is becoming more frequent that there are disputes about pets.  Most of the time […]
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Frequently asked Questions in Massachusetts in DCF Cases

  • Posted by Alexander Nesson
  • On March 11, 2019
At a DCF Fair Hearing can Hearsay Evidence and Credibility Issues be brought up?  The Fair Hearing Officer determines what evidence is reliable enough to be used at the Fair Hearing. They may allow hearsay evidence which is evidence that is not made by somebody that is present at the hearing, but by somebody that […]
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Frequently asked Questions in Massachusetts in DCF Cases

  • Posted by Alexander Nesson
  • On March 7, 2019
In DCF Fair Hearings, what does a Litigant need to Prove at the DCF Fair Hearing?  The parent or caretaker must show that the DCF 51A Investigators decision that was supported by reasonable cause or substantial evidence. The Fair Hearing determines whether DCF decisions or the actions that they took violated regulations or that DCF […]
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Frequently asked Questions in Massachusetts Cases

  • Posted by Alexander Nesson
  • On March 4, 2019
In Massachusetts what are some general paperwork that is helpful to have in a Divorce?  Gathering various documents and keeping them outside the marital home would be beneficial. Obtaining a certified copy of the marriage certificate from the town or city you were married in.  A church certificate is not valid, and the certificate needs […]
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Frequently Asked Questions in Massachusetts for Guardianships

  • Posted by Alexander Nesson
  • On March 1, 2019
Does the Parents Parental Rights need to be terminated in order to Allow a Guardianship?                                                                                                      No.  Many times, in Juvenile Court in a care and protection case, DCF or the Court will want a Termination in Parental Rights, but that does need to occur.  In Probate and Family Court, there is more often no Termination […]
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Frequently asked Questions in Massachusetts Cases

  • Posted by Alexander Nesson
  • On February 28, 2019
What are ways to Raise Grandchildren in Massachusetts if the Parents are unable, unwilling or unavailable?  One, is there is an unformal process where it is a temporary situation, but you have no legal authority, nor do you have legal authority to sign anything at the school or with the doctors.  The parents have legal […]
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Frequently asked Questions in Massachusetts for DCF Cases

  • Posted by Alexander Nesson
  • On February 25, 2019
What should I do if DCF is looking like they are going to try and take custody of my Grandchild?  DCF can be involved with your grandchildren or similar circumstances even if you are an aunt, uncle or other family members.  There is a variation of steps that you can take depending on the circumstances.  […]
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Frequently asked Questions in Massachusetts for DCF Cases

  • Posted by Alexander Nesson
  • On February 21, 2019
Does DCF always go to Court if a 51A is supported?  No.  Most times if a 51A is supported or what is called a 51B, DCF may seek to offer services to the family rather than going to court to try and take custody.  You would be advised to determine whether you would want to […]
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Frequently asked Questions in Massachusetts for DCF Cases.

  • Posted by Alexander Nesson
  • On February 18, 2019
In Massachusetts how many opportunities for a Custody Hearing are there in Massachusetts?  When DCF is involved, there can always be different circumstances, but there are a couple of different types of custody hearings that you have. One is a “72-Hour Hearing”.  This is where the Department must show that there is enough evidence to […]
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