The Lewis Leeper Blog
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When should I go to court for my divorce?
Going to court too quickly can often create more litigation in your divorce. In making your decision to live apart, to divorce or to contest certain issues, weigh the price you will pay with your time, emotional pain and money. Each divorce case is unique. When children are involved, your relationship with your spouse does not end with the separation or divorce. You probably, but not necessarily, will continue to have contact with him/her regarding support, visitation, and other parental responsibilities. You both will be grandparents of your children’s children. If it is appropriate in your situation, for the sake [...]
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How do I start the divorce process?
You file the Complaint for Divorce and other documents at the court. If there is an Affidavit of Indigency, the clerk will approve it and stamp it, and give you a copy. You will also get a Domestic Relations Summons. Arrange for the sheriff to give a copy of the complaint to the spouse. When the sheriff does this, it is called “service of process,” meaning that the sheriff has served the papers to the spouse. Before trial, either party may request that the court make temporary orders, for example concerning custody, child support, or visitation. Either party must request [...]
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What are the requirements for filing a divorce in Massachusetts?
You may file for divorce in Massachusetts if: you have lived here for a year, or the conduct that is the reason for divorce occurred in Massachusetts and you lived as a married couple in Massachusetts, regardless of where your spouse now lives, or even if his/her address is unknown. You file a divorce in the Massachusetts Probate and Family Court in the county where you and your spouse last lived together if either of you still lives in that county. If neither of you lives in the county where you last lived together, you may file in the [...]
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Child Custody order can not favor one parent’s religion
There’s no question that a child custody order can take the parents’ religion – and the children’s religious education and observance – into account. But a recent case shows that a custody order that goes too far in favor of one parent’s religion might not be okay. In this case, the father wanted to raise his two children as Jews. A custody order allowed him to have the children on all Wednesday evenings and Sunday mornings so they could attend Jewish religious training, and also said that he could have custody on major Jewish holidays, including Passover and all eight [...]
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Mother couldn’t be forced to move to accommodate visitation
A mother who moved from one state to another can’t be legally required to move back in order to accommodate the father’s visitation rights, a State Court recently decided. The mother had given birth to a child out of wedlock. After the father’s paternity was established through biological testing, he filed a lawsuit seeking custody or visitation. The mother had moved out of state while the case was pending. A judge awarded her custody, but ordered her to return so it would be easier for the father to visit the child. But on appeal, the State Supreme Court said this [...]
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The Dangers of Social Media in Divorce
A judge ordered a divorcing couple to give each other their passwords to Facebook, eHarmony, and Match.com, and not to delete any information from the sites. While this is a highly unusual step, it shows how increasingly relevant social media and dating websites are to divorce cases…and it’s yet another reminder that people who are contemplating divorce shouldn’t post anything online that they wouldn’t want to be revealed during the divorce proceedings, because they might well be. People who are thinking about divorce should never post anything online that they wouldn’t want to be revealed in court. The husband claimed [...]
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Federal benefits can be divided at divorce
Federal government benefits – such as from Social Security or the military – have their own rules, and those rules usually trump state law. So sometimes it’s unclear whether a state divorce court can divide up a federal payment. However, in several recent cases, it was determined that federal payments could be split at divorce. ● A military retiree’s health insurance benefits can be split at divorce, a State Court decided. That’s because of a federal law called the Uniformed Services Former Spouse Protection Act. Under that law, military retirement pay can be either individual property or marital property, depending [...]
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Must couples share property they acquire after they split up?
Most people assume that a divorcing couple’s assets will be divided according to what they own at the time they separate. But in some cases, things that happen after a couple split up can affect what they’re entitled to in a divorce. Only an attorney with expertise in divorce law can determine exactly what you might be entitled to…so it’s important to tell your divorce attorney about anything that could affect the prospects of both you and your spouse down the road. Take the case of a man in who was a 25% partner in a real estate development project [...]
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Can the court modify a separation agreement without the parties asking for it in a divorce
My ex is suppose to pay for college, what if he doesn’t? The court has the power to modify certain portions of separation agreements that are merged into the separation agreement and to which the court has continued jurisdiction over, however someone needs to make a motion to the court and show a reason. Hope this helps. take care. Our Natick divorce attorneys 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, [...]
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I read online that my husband can be forced to pay my legal
something called motion pendente lite for fees, can i give a lawyer half and get the other half from my husband? I am really worried about having to file on Monday. In some cases you may retain an attorney under the new limited appearance rules and he or she can file the divorce, along with a motion for temporary orders using the money that you have, then if you need more money or the attny needs more money he or she can file a motion for legal fees if necessary. It sounds like you have enough to retain a good [...]