You can always ask the court to enforce the order by filing a complaint for contempt. The court can find that your spouse has failed to comply with the terms of the order and is in contempt of court upon hearing the facts. The terms of the order will determine if that spouse should be fined or imprisoned. Other punishments include the seizure of assets such as tax refunds, bank funds, and lottery winnings and wage garnishment. In the past, we have been successful in ensuring that spouses who fail to comply with courts order are ordered to pay up or face jail time.
Yes. If you want to hide embarrassing information or protect your kids, you have to file a motion to solicit that your information be sealed. If abuse was involved, some courts will grant that motion.
The only mandatory class is for parents. There are compulsory parent education programs across Massachusetts, and you can get a list of providers on mass.gov. For parents with kids under the age of 18, these programs help them to understand and tackle divorce-related challenges, as well as handle and minimize the stress their kids may go through.
Yes. Massachusetts requires companies to cover spouses on insurance unless their company is self funded. For the majority of the insurance policies, ex-spouses are covered. If your spouses company is self funded they may choose not to cover you after divorce, but you would still be eligible for Cobra Coverage. We can discuss your options for medical insurance during your consultation.
You can always get a divorce if you want one, but you have to follow the legal process; otherwise, a judge can deny your divorce. This will force you to restart the process again. Your spouse can’t stop you from filing a divorce, but he or she she can make the process complicated.
No. Married people may decide to not live together for various reasons. In that situation they remain married. You may want to seek a Judgment of Support or a Judgment of Separate Support, which can also help decide who has custody of children in addition to providing monetary support to one of the parties.
Adultery will allow you to file a Fault Divorce, however, you will have the burden of proving the affair happened and need to name the third party in your divorce. This is often not worth the time and expense as there is no material benefit gained by proving adultery. Whether you file a fact divorce, or a no fault divorce, you can seek reimbursement for 50% of the money your spouse spent on the affair. So if, for example, your spouse spent marital assets on a valentines gift for a third party, you can ask for reimbursement for 50% of the cost.
Yes, this is possible. But to obtain a divorce, you have to at least, try to inform the other party. This may require publication in a newspaper in the town where your spouse last resided. Nevertheless, a divorce can be filed and settled without the consent of the other spouse. The divorce proceedings will proceed whether both parties agree to it or not.