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If you are going to File a Joint Petition for Divorce or a 1A, what is some of the Paperwork that You will Need?

Posted by Alexander Nesson
On March 28, 2023

You will need a certified copy of your Marriage Certificate and you cannot give a photocopy. The Marriage Certificate needs to be from the Town Clerk rather than from the religious ceremony. A Separation Agreement which is like a Divorce Agreement that must meet certain requirements. There is a form called a “Joint Petition for […]

Posted by Alexander Nesson
On March 21, 2023

The court sometimes call it a 1A but it is also a Joint Petition for Divorce where both parties are co-petitioners and doing this together rather than one person being a Plaintiff and one person being a Defendant.

Posted by Alexander Nesson
On March 14, 2023

This is one where there can be a lot of different arguments about based upon the length of the marriage, whether separate property might be marital assets that were owned by a spouse prior to the marriage and therefore the spouse with those assets would argue that it is not a martial asset and it […]

Posted by Alexander Nesson
On March 7, 2023

In Massachusetts what it is called is an “Equitable Distribution State.” It means that it is not always a 50/50 division. It is called Mass General Laws Section 34 Factors. The Section 34 factors include the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and […]

Posted by Alexander Nesson
On October 20, 2022

It is a good practice for the DCF worker to read the allegations in the screen-in piece in the 51A to you. You can request those to be read. Again, portions of that might not be but it would be advisable not to talk to DCF until you either have gotten a copy of the […]

Posted by Alexander Nesson
On October 17, 2022

Yes, you are entitled to get a copy of your DCF records. You do need to make the request in writing and it does sometimes take a period of time for DCF to provide those records as they are redacted meaning that portions of the report are blacked out; such as who the reporters are […]

Posted by Alexander Nesson
On October 13, 2022

You do not need to. You can be present, or have someone else present including an attorney. Although, every case is different. It generally would be recommended that someone be present during the time that your child is being interviewed.

Posted by Alexander Nesson
On October 10, 2022

Once the report is made the report is supposed to be within 5 business days. If it is an emergency or within 15 business days if it is not deemed to be an emergency. There have certainly been many times exceptions in terms of how long realistically it does take.

Posted by Alexander Nesson
On October 6, 2022

What you would need to do is instead of filing a Complaint for Modification, file a Complaint for Contempt and ask that the court order sanctions because of the party’s failure to pay. You have to show that the order is clear and ambiguous and that the other party knowingly violated the order. Not only […]

Posted by Alexander Nesson
On October 3, 2022

There is a significant difference of child support that has never been ordered versus if there is an order that is looking to be either increased or decreased. In Massachusetts there is a determination about whether retroactive child support will do relates to whether or not the child was born out of wedlock. If the […]

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If you are going to File a Joint Petition for Divorce or a 1A, what is some of the Paperwork that You will Need?

What is a 1A Divorce in Massachusetts?

What Would be Separate Property that would not be Considered a Marital Asset in a Massachusetts Divorce?

In Massachusetts How are Marital Assets Divided?

If DCF is Coming to do a 51A/B Investigation, How Do I know What the Allegations Are?

Am I Entitled to get a Copy of My DCF Records?

If DCF is doing a 51A/B Investigation, Do I have to Allow DCF to Interview my Children Alone?

How Long does it Take for DCF to do a 51A/B Investigation?

What Happens if there is a Court Order and the Parent Has Not Been Making the Payments?

What Does Retroactive Child Support in Massachusetts Mean without a Current Child Support Order?