Divorce Questions & Answers | Attorney Bruce Watson

I’ve been estranged from my husband and want to remarry. Will Massachusetts grant me a Bifurcated divorce?

Bifurcation of divorce allows spouses to become legally divorced before the divorce details have been finalized. The option to remarry is the most common use of bifurcation; however, some couples seek a bifurcation to distinguish between marriage or pre-marriage property. In states that permit bifurcation, the court will handle the end of the marriage separately […]

How do courts determine if relocation of a child to another state during a divorce is acceptable?

In situations where a custodial parent wishes to relocate with a child, the court will determine whether child custody relocation is in the best interests of the child. While a parent is free to relocate out of state themselves without the child or with the permission of the other parent to take the child, the […]

What is a ‘gray divorce’ and how is it different from the typical divorce?

A ‘gray divorce’ refers to a split that happens between an older husband and wife, often after many years of marriage. The ‘gray’ in ‘gray divorce’ refers to the color of the divorcing couple’s hair. With more and more couples over fifty, or even over sixty-five, choosing to part ways, the phenomenon has also earned […]

What Is Reckless Endangerment of a Child under Massachusetts Law?

Posted by Attorney Bruce Watson When applied to children, it’s putting a child in grave danger due to negligence of a particular act. In the state of Massachusetts, it usually works under two different legal scenarios. The first is the act of creating the risk, and the second is not doing anything to prevent that […]

How does the court divide property in a divorce in Massachusetts?

Posted by Attorney Bruce Watson The Massachusetts Probate & Family Court is required to consider so-called “Section 34” factors in fixing the nature and value of the property in determining the division of that property between the parties. Those factors are spelled out in Section 34 of Chapter 208 of the General Laws. The pertinent […]

We are getting divorced, and he did not disclose all assets.

Additional Information: We are in the process of getting a divorce. My soon to be ex-husband has hidden assets that he did not disclose. I came across the bank statements, so I have the account #s and know the exact amount. He works with a local developer in Rockland, so his income fluctuates based on […]

What is the cost to file divorce in Massachusetts?

There is a fee to file a divorce, and to get a summons. As of July 1, 2009, the filing fee is $200.00, plus a $15.00 surcharge, and a summons costs $5.00. Notifying your spouse, called service of process, can cost around $30.00 or more if he or she lives far away. Greater Boston divorce […]

What are Grounds for an Annulement in Massachusetts?

Annulments “undo” a marriage by treating the couple as if no marriage had ever occurred. If one party was not legally able to enter a marriage because, for example, they were already married to someone else, the marriage is “void” from the beginning. If there is some other reason why the marriage should not be […]

Can an order for child support be modified without going to court?

Additional Information: My ex husband and I have agreed to higher support payments as the after school program for our children in the Greater Boston area has increased so we have drawn up a new agreement which we both signed. Is what we did legally binding or do we need to an attorney to draft […]

How is alimony determined in Massachusetts?

Additional Information: I am getting a divorce. My husband makes more money than I do, will I be eligible for alimony and how is it determined in Massachusetts? Is the duration based on the number of years we were married or another factor? ATTORNEY ANSWER: As you may have read in the Boston newspapers or […]

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