What to do with a house that’s under water in a divorce
You’re divorcing and you need to sell your house that you own jointly with your spouse but with the recession, your house is now worth less than the mortgage that you have on it. You’re under water. You’re upside down on your mortgage. Whatever you call it, you’re stuck and don’t know what to do. Well, here are your choices: 1) Stay…
Batterers Intervention Program
I got a call today while offering my time to answer calls for the Massachusetts Bar Association’s monthly Dial-a-Lawyer program regarding the Batterers Intervention Program (BIP). BIP is a program for batterers in a domestic violence situation. It is similar to AA for alcoholics where batterers go and get counseling as a group and also individually. The purpose is to rehabilitate the…
How Long Does a Divorce Take?
How long will your divorce take? It depends on your particular situation. Let’s take a look at some examples. Scenario 1: You and your spouse both agree to get a divorce and you’re filing a joint petition for divorce (an uncontested divorce). It will take approximately 5 months from beginning to end for this type of divorce. Scenario 2: You and your…
Where can I file my divorce? (Venue)
There are 14 county probate and family court venues in Massachusetts comprising of 28 different probate and family court locations. So if you’re going to file a divorce in Massachusetts, you need to figure out where to go. The scenarios below all assume that you have met the 1-year residency requirement to file for a divorce in Massachusetts. Both Parties Live in…
In Massachusetts Adultery is a Crime!?
Despite the tone of the title, I knew adultery is still a crime in Massachusetts but was quite shocked when my twitter friend, Corine K. Claxton (criminal attorney in Worcester, MA) sent me the court opinion of the last criminal adultery trial in Massachusetts. [COMMONWEALTH v. JUDITH STOWELL] The last adultery case to be tried criminally was in 1983. The woman, Judith,…