Infinity Law Group LLC
I’ve asked my spouse for a divorce and sometimes they agree and sometimes they don’t. What should I do?
There are only 2 ways to get a divorce in Massachusetts. You can either get an uncontested divorce or a contested divorce. For you to get an uncontested divorce, you and your spouse must both file jointly. There must not be any disputes between you two on any of the issues surrounding the divorce. You must agree to the divorce and in…
Can a Trust or Inheritance be Divided in a Divorce?
It depends. If you have no control over the trust or inheritance then the mere expectancy of it does not allow for a division in a divorce. If you haven’t received the inheritance yet and simply is named in someone’s Will or Trust, and you cannot demand or force the payout of it, then it cannot be divided in a divorce. If…
I know my spouse lied on his Financial Statement to the Court, what can I do?
Here in Massachusetts, whenever there is an issue having to do with money in the Probate and Family Courts, the Court requires the parties to each fill out a comprehensive financial statement. The Financial Statements asks for your income, assets, expenses and liabilities. It also requires you to be totally honest and truthful in your disclosure. So what happens if you know…
My spouse wants a divorce but I don’t, how do I stop it?
Short answer is – you can’t. If one party to a marriage wants a divorce, they can get it with or without the other person’s approval. If the other party doesn’t want the divorce, they can certainly make it more difficult and also it will take longer. However, at some point, they will get the divorce.
After Separating For A Long Time, Are We Automatically Divorced?
I’m asked this question a lot. I suppose there are other jurisdiction and other countries where if two married people have been separated for a long period of time, their marriage is automatically dissolved and they’re considered divorce. Here in Massachusetts, there’s no such thing. Once you are married, you are considered married until you officially file and granted a divorce. Here…
I’m Afraid to Tell My Husband/Wife That I Want a Divorce. What Can I Do?
If you are in a situation where you don’t think you and your spouse can communicate with each other or if you think bringing up the topic of divorce or separation will lead to abuse or an outburst, it might be best to file for a divorce without your spouse knowing (at first). Once your divorce is filed and with the help…
If My Husband/Wife Doesn’t Want a Divorce, Can I Still Divorce in Massachusetts?
As long as you meet the residency requirement for obtaining a divorce in Massachusetts (1 year), then you can file for a divorce in Massachusetts. If your spouse cooperates, it will make the process much easier and faster. However, if your spouse does not want to cooperate, then you can file for a divorce with or without their consent. This means that…
Why do I need to take a Parental Education Class before I can get a divorce in Massachusetts?
Here in Massachusetts, if you want to get a divorce and if there are minor children of the marriage, then both parties must take a court certified Parental Education Class before the divorce can be made final. The class is offered through independent agencies but is certified by the Probate and Family Court system. It’s a 6 hour class, broken up into…
After a divorce in Massachusetts, what parts of the Separation Agreement or Judgment can and cannot be modified?
It is important to understand what can and cannot be modified after the parties agree to a divorce by way of using a Separation Agreement. There are some things that can always be modified and there are some things that cannot. Any part of your Separation Agreement having to do with minor or unemancipated children, can always be modified. This includes child…
In Massachusetts, what happens at a Final Hearing for Divorce?
A Final Hearing for divorce occurs as a last step in either an uncontested divorce or when the parties reach a full settlement in a contested divorce. It is a hearing in front of a Probate and Family Court judge where the judge asks both parties a series of questions to make sure that they really want the divorce. Sometimes the judge…
