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Frequently asked Questions in Massachusetts for DCF Cases

  • Posted by Alexander Nesson
  • On February 14, 2019
What is Termination of Parental Rights in Massachusetts?  Termination of Parental Rights is the most extreme example that you can have in a child custody case. It can occur in a variation of different circumstances. When Massachusetts or DCF determines that a child is in a situation that is unsafe or is subject to neglect […]
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What is the Difference between a Guardianship versus an Adoption Case?

  • Posted by Alexander Nesson
  • On February 11, 2019
In Massachusetts there are both guardianships and adoption. A guardianship can be a temporary guardianship.  There can be review dates in 90 days or 6 months or it can be called a “Permanent Guardianship”, even a permanent guardianship does not automatically mean that the parents lose parental rights.  Typically, the parents have the right to […]
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A Common Question that People Bring up in Divorce and other Cases.

  • Posted by Alexander Nesson
  • On February 7, 2019
I know somebody that got this, or my friend got this in their divorce, so I want the same thing, can this happen?  Every case is unique and there are different Judges, different parties, different set of facts and it is not something that is standardized where all the results automatically happen at the same […]
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Frequently asked Questions in Massachusetts Divorce

  • Posted by Alexander Nesson
  • On February 4, 2019
If there is an Order for Visitation with the other Parent, but the Children do not want to go, does that mean that I do not have to bring them to the Visit?  No.  If there is a Court Order, you can be found in contempt of court and just because a child does not […]
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Parental Conflict about Children’s Sports Participation

  • Posted by Alexander Nesson
  • On February 3, 2019
In marriages, it is not uncommon for couples to have conflicting views about their children participating in sports. Such disputes can be based on factors like finances, time constraints, and concern about injury. With divorce these disagreements can be magnified and lead to litigation and addition emotional upset. The best way to avoid such problems […]
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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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