June 2011

ATTORNEY ANSWER: A divorce decree can always be modified with respect to child support and alimony.  There has to be a material change of circumstances, however, such as a loss of job, financial setbacks to a self-employed person in a difficult economy, or retirement, to justify a decrease in child support or alimony, for instance.  Conversely, the recipient may seek an increase in child support or alimony because of the needs of the children or a financial or health setback. The process to change a divorce decree is done through a Complaint for Modification, filed by the party who wants to make the change.  The other party then files an Answer and sometimes a Counterclaim.  Financial documents are then exhanged within 45 days after service of the Complaint and the parties can then begin the process of a negotiated settlement or litigate the case in the Probate Court. Although child support and alimony can be modified, the original property settlement usually “survives” the divorce judgment and is not incorporated into it.  In other words, the property settlement remains intact as a binding contract, unless the parties specify otherwise in the Separation Agreement.  One exception to this would be where there […]

More Information: When I got married, I moved into my wife’s house. We are now getting divorced and I want to keep the house. Do I have any rights to it? ATTORNEY ANSWER: In general, if your wife bought the house before you got married and the deed and mortgage are in her name, then it is unlikely that you can keep the house, if this was a short term marriage.  If you contributed to the monthly upkeep of the house by contributing to the mortgage, interest, taxes and insurance, you might have a claim to a partial credit against the property settlement but the probate court might also conclude that you would have had to pay rent and some of the other aforementioned costs if you had not married your wife.  Therefore, getting a credit is unlikely. In a longer term marriage, the question of who has rights to the house becomes less clear where both husband and wife made a greater contribution.  It is also important to consider whether children are involved.  The probate court is unlikely to approve the disposition of the house to either party if the children are still in school.  Children need continuity in […]