October 2011

Additional  Information: We are in the process of getting a divorce.  I just found out that my soon to be ex-wife has hidden assets in her mother’s name and within her mother’s accounts. How can I subpoena those accounts? I know the bank account #s and they are extensive assets.  If I can subpoena the bank records, can I get a postponement of the divorce date?  I imagine that when these hidden assets are brought forward, it will change a lot of the financial details. ATTORNEY ANSWER: The first question is what stage you are exactly in the divorce.  If you are in the early state of the divorce case, then your wife is required to provide all information about her mother’s bank accounts within the first 45 days of getting served with the Complaint.  This is required under Rule 410 of the Massachusetts Rules of Domestic Relations Procedure so it would not be necessary to subpoena the records.  If you are beyond the 45 days, the information can be obtained by a Request for Production of Documents and Interrogatories, drafted by your attorney.  Generally, your wife has 30 to 45 days to respond to responses to the Request for […]

Additional Information: My mother is filing for divorce after a 9 year marriage. My stepfather kicked her out of their Framingham house which she owned before they were married. My mom is disabled and he has been abusive and neglectful.  He wasn’t properly giving her medications and selling them instead, he threatened to take their 10 year old daughter and has made many other threats. All of this has been reported to the police. My mother is staying with me and my husband right now, as we fear he will hurt her. Will all of this be taken into consideration so she can she regain her home and custody of their child? ATTORNEY ANSWER: The first step that should be taken is for you to hire a forceful attorney and seek Temporary Orders to get your mother back into the Framingham house and to seek a 209A restraining order against your stepfather because of the emotional abuse, and/or physical  abuse, or threats of abuse.  This should be done immediately.  The 209A order can be obtained in the Middlesex Probate Court which has jurisdiction for Framingham.  The restraining order should seek relief that forces your step father to vacate the marital […]

Additional Information: I have been married for one month and am ready for a divorce. We got married because I am pregnant with his child. We rent an apartment in Natick.  He has some money in savings, I do not.  Am I entitled to anything? ATTORNEY ANSWER: You will be entitled to receive child support based upon the Massachusetts Child Support Guidelines.  The support is based upon your combined income with his.  You will become eligible to receive support when the baby is born, but not before.  Since the marital assets appear to be small because you rent and do not own your own home, your primary source of income from the divorce would be from child support, which would continue until the child is emancipated.  Emancipation occurs when the child reaches 18 years old and then moves out of the marital home and is working full time.  Alternatively, emancipaton occurs later after the child graduates from college, or reaches the age of 23, whichever happens first. One important factor that could change this is if the father wants primary physical custody, or shared physical custody with you.  In that event, the amount, if any, that he pays in child […]