I completely agree with you that although you may be able to afford the legal, if he has to write you a check, it does sting and it may prevent him from hiding income in the future- the caveat is how much- if he is making an extra 100k per year and you only uncover 10k, his cost of legal of 10k will step net him a before tax advantage of 80k, so you need to make sure you do your homework if your going in on either the modification or the contempt?

Our  divorce lawyers serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland, Braintree, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Hopkinton, Holliston, Hudson, Lexington, Lincoln, Marlborough, Maynard, Medfield, Milton, Millis, Natick, Needham, Newton, Norwood, Southborough, Sudbury, Quincy, Walpole, Wayland, Wellesley, Weston, Westwood, and all other towns in Middlesex County, Norfolk County, Essex County and Suffolk County.

A divorce attorney who will not throw fuel on the fire or create discovery unnecessarily nor be combative or aggressive without cause, if you can find two of those, the divorce in total can cost as little as $3000.00 if it is mostly collaborative to $15,0000.00 if there is a bit of contention. However if either of you finds one of the angry type lawyers who take out their own personal agenda on cases and make sure to bill bill bill, you each can pay 50k and up. Do your homework, don’t pay for a consult, don’t abuse the lawyers time during the consult and hire someone who you feel you can trust and who is looking to resolve your case with integrity and class, not make his or her billable bonus month/year. Take care and good luck.

The  Boston divorce lawyers at our firm serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland, Braintree, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Hopkinton, Holliston, Hudson, Lexington, Lincoln, Marlborough, Maynard, Medfield, Milton, Millis, Natick, Needham, Newton, Norwood, Southborough, Sudbury, Quincy, Walpole, Wayland, Wellesley, Weston, Westwood, and all other towns in Middlesex County, Norfolk County, Essex County and Suffolk County.

This is a matter of strategy and personal opinion, however if the divorce is contentious and you need temporary orders for child support or spousal support (alimony) then you should file first. Also and I think very important you get to speak first in court if your motions are first and you can set the pace and the tone of the process. You can take back control of your life if it has been stalled and you can regain control of your future. I like filing first if we are going to court. Take care and good luck.

The Newton divorce lawyers at our firm serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland, Braintree, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Hopkinton, Holliston, Hudson, Lexington, Lincoln, Marlborough, Maynard, Medfield, Milton, Millis, Natick, Needham, Newton, Norwood, Southborough, Sudbury, Quincy, Walpole, Wayland, Wellesley, Weston, Westwood, and all other towns in Middlesex County, Norfolk County, Essex County and Suffolk County.

Sometimes you can ask for the satellite sessions of the courts, Middlesex has Marlboro which is a nice local court with plenty of parking, they used to have Concord but no longer. Marlboro is a good alternative, but difficult to get to without a car. Take care and good luck. Marlboro is one court room so it tends to be either very fast or very slow.

The Marlboro MA divorce lawyers at our firm serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland, Braintree, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Hopkinton, Holliston, Hudson, Lexington, Lincoln, Marlborough, Maynard, Medfield, Milton, Millis, Natick, Needham, Newton, Norwood, Southborough, Sudbury, Quincy, Walpole, Wayland, Wellesley, Weston, Westwood, and all other towns in Middlesex County, Norfolk County, Essex County and Suffolk County.

You are caught in a difficult situation, you certainly can file a complaint for separate support in Ma which is not a divorce but does order your husband to pay you child support, however many practitioners and judges are not fond of such complaints. The other option is an informal agreement with your husband made formal by an email or his signature that gives you a weekly amount that may make you feel more in control of your life. Your best bet is to talk with your family, your friends and a lawyer, there are many great ones in this area. take care.

The Weston MA divorce lawyers at our firm serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland, Braintree, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Hopkinton, Holliston, Hudson, Lexington, Lincoln, Marlborough, Maynard, Medfield, Milton, Millis, Natick, Needham, Newton, Norwood, Southborough, Sudbury, Quincy, Walpole, Wayland, Wellesley, Weston, Westwood, and all other towns in Middlesex County, Norfolk County, Essex County and Suffolk County.

You may pay for your ordinary and necessary expenses which do include legal fees out of your joint account. You may also take as much money as you like until you are formerly served, just be prepared to have it assigned to your side of the balance sheet if you take too much and can’t explain it. Most courts look at what is fair and equitable. So the quick answer is yes, you may take money for expenses and for an attorney.

The Greater Boston divorce lawyers at our firm serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland, Braintree, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Hopkinton, Holliston, Hudson, Lexington, Lincoln, Marlborough, Maynard, Medfield, Milton, Millis, Natick, Needham, Newton, Norwood, Southborough, Sudbury, Quincy, Walpole, Wayland, Wellesley, Weston, Westwood, and all other towns in Middlesex County, Norfolk County, Essex County and Suffolk County.

ORDER

Limited Assistance Representation may be implemented in any Department of the Trial Court in such Divisions and in connection with such matters as each Trial Court Department Chief Justice, in his or her discretion and with the approval of the Chief Justice for Administration and Management, may prescribe. Notwithstanding any provision to the contrary in any Rule of Court or Standing Order, it is hereby ORDERED that the following procedures shall apply with respect to Limited Assistance Representation.

1. Limited Assistance Representation.

A qualified attorney may limit the scope of his or her representation of a client if the limitation is reasonable under the circumstances and the client gives informed consent. An attorney shall not be deemed a “qualified attorney” unless he or she completes an information session on Limited Assistance Representation approved by the Chief Justice of the Trial Court Department in which the attorney seeks to represent a client on a limited basis.

2. Limited Appearance.

An attorney making a limited appearance on behalf of an otherwise unrepresented party shall file a Notice of Limited Appearance in the form attached to this Order. The Notice shall state precisely the court event to which the limited appearance pertains, and, if the appearance does not extend to all issues to be considered at the event, the Notice shall identify the discrete issues within the event covered by the appearance. An attorney may not enter a limited appearance for the sole purpose of making evidentiary objections. Nor shall a limited appearance allow both an attorney and a litigant to argue on the same legal issue during the period of the limited appearance. An attorney may file a Notice of Limited Appearance for more than one court event in a case. At any time, including during an event, an attorney may file a new Notice of Limited Appearance with the
agreement of the client.

A pleading, motion or other document filed by an attorney making a limited appearance shall comply with Rule 11(a), Mass. R.Civ.P., and/or cognate Departmental Rules, and shall state in bold type on the signature page of the document: “Attorney of [party] for the limited purpose of [court event].” An attorney filing a pleading, motion or other document outside the scope of the limited appearance shall be deemed to have entered a
general appearance, unless the attorney files a new Notice of Limited Appearance with the pleading, motion or other document.

Upon the completion of the representation within the scope of a limited appearance, an attorney shall withdraw by filing a Notice of Withdrawal of Limited Appearance in the form attached to this Order, which notice shall include the client’s name, address and telephone number, unless otherwise provided by law. The attorney must file a Notice of Withdrawal of Limited Appearance for each court event for which the attorney has filed a
Notice of Limited Appearance. The court may impose sanctions for failure to file such notice.

3. Service.

Whenever service is required or permitted to be made upon a party represented by an attorney making a limited appearance, for all matters within the scope of the limited appearance, the service shall be made upon both the attorney and the party. Service upon a party shall be at the address listed for the party in the Notice of Limited Appearance. If the party’s address has been impounded by court order or rule, service of process on the party shall be made in accordance with the court order or rule. Service upon an attorney making a limited appearance shall not be required for matters outside the scope of the limited appearance.

4. Assistance in the preparation of documents.

An attorney may assist a client in preparing a pleading, motion or other document to be signed and filed in court by the client, a practice sometimes referred to as “ghostwriting.” In such cases, the attorney shall insert the notation “prepared with assistance of counsel” on any pleading, motion or other document prepared by the attorney. The attorney is not required to sign the pleading, motion or document, and the filing of such pleading,
motion or document shall not constitute an appearance by the attorney.

How do I file for divorce in Massachusetts if I do not know where my sp0use is?

You may file a divorce by publication. I am sorry you are going through this during the holidays and I hope things work out. This should not be a complicated nor an expensive matter.

How do you determine the official date of separation? Within a 5 day time-frame, my spouse asked for a divorce, then changed his mind, then changed his mind again and asked to continue with a divorce.

I am asking because adultery was committed during the “turn-around” period, between first asking for the divorce and then telling me it was a mistake and they wanted to stay with me to work on our marriage.

Would DOS be the first time he asked for a divorce, based on “intent”, or the second?

Unless you are prepared to name the third party in your divorce complaint Adultery won’t really matter to the mechanics of the divorce because MA is a no fault state, meaning you don’t have to havea reason to get divorced. As far as the asking for the separation, it doesn’t really matter unless there are property issues or child related issues you want to address under the category regarding conduct of the parties during the marriage.

Tough question because of the jurisdictional and residency requirements. It sounds like you really didn’t establish residency in NH yet because you hadn’t lived there for 6 months and you were married in Ma. However you last lived together as husband and wife in NH. I will have to defer to my colleague who very astutely answered your question and agree with him that since the breakdown occurred in Ma and that you had not yet established residency in NH nor given up your residency in Ma, you may file in Ma- However I look forward to other attorney answers, this is a very good question, I would file in Ma if you can as the child support guidelines are very reasonable and because you are living here now and it was always truly your home.

The Wellesley divorce lawyers at our firm serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland, Braintree, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Hopkinton, Holliston, Hudson, Lexington, Lincoln, Marlborough, Maynard, Medfield, Milton, Millis, Natick, Needham, Newton, Norwood, Southborough, Sudbury, Quincy, Walpole, Wayland, Wellesley, Weston, Westwood, and all other towns in Middlesex County, Norfolk County, Essex County and Suffolk County.