Justin Lee Kelsey’s Answers

Justin Lee Kelsey

Framingham Divorce / Separation Lawyer.

Contributor Level 11
  1. Can the Norfolk Probate court force me to meidate my divorce case

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Justin Lee Kelsey
    3. Nicole C. Armstrong
    3 lawyer answers

    At most substantive court appearance on a divorce case in any Massachusetts Probate & Family Court (including Norfolk County) you will likely first be sent to the Probation office (also called Family Service) before your case is heard by a Judge. This is often called mediation, though technically it is not true mediation because it is not confidential. The family service officers who facilitate the "mediations" report back to the Judge what is said. In most cases you are required to meet...

    12 lawyers agreed with this answer

  2. In My divorce agreement College is supposed to be shared according to our incomes

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Justin Lee Kelsey
    3. Philip W. Mason
    3 lawyer answers

    The specific language that your Divorce Agreement contains is very important. If your agreement states that you are to share according to your incomes, and you can't reach an agreement as to how that should be applied, then you may have to return to court on a Complaint for Modification to determine exactly what your liability may be. In that case the Court might consider limiting the cost. If this issue is put before a Judge, many are reluctant to order parents to contribute more than one...

    4 lawyers agreed with this answer

  3. Can the court force me to pay for a private college

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Justin Lee Kelsey
    3. Philip W. Mason
    3 lawyer answers

    The specific language that your Separation Agreement contains is very important. As Howard indicates, many agreements require parents to contribute in proportion to their incomes and abilities at the time the college bill becomes due. However, if your agreement states that you are to share equally, then that could require you to contribute one half of the cost. How educational costs are defined by the agreement could differ and so you have not provided enough information to determine exactly...

    4 lawyers agreed with this answer

  4. I am married state of MASS. My wife has two children I insure them If we divorce am I still legal resp. to prov health ins.

    Answered over 3 years ago.

    1. Justin Lee Kelsey
    2. Ismail Mohammed
    3. Teresa M. Harkins La Vita
    3 lawyer answers

    If I understand your qeustion correctly, you are asking whether or not you could be required in a divorce case to maintain health insurance for your wife's children. Regardless of the complications surrounding your wife's legal relationship with her non-biolgoical child, both children are hers (and her ex-girlfriend's) and they are not legally your responsibility. Put more simply, a current spouse is not responsible legally for their spouse's children by other relationships except in...

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  5. What does it matter where I live?

    Answered about 4 years ago.

    1. Justin Lee Kelsey
    2. Gabriel Cheong
    3. Ismail Mohammed
    4. Henry Lebensbaum
    4 lawyer answers

    As indicated by the previous answers, where you live can affect whether or not the Court has jurisdiction over your case. For example, in order to file a Divorce in Massachusetts you need to establish jurisdiction in Massachusetts. This can be done by showing that the place that you last lived together with your spouse is in the county where you are filing, or you have been a resident of Massachusetts for 1 year, or the cause of the divorce must have taken place in Massachusetts....

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  6. Can i get an annulment for a marriage that was not conducted in the US

    Answered about 4 years ago.

    1. Justin Lee Kelsey
    1 lawyer answer

    A marriage conducted outside of Massachusetts can be annulled in Massachusetts if you (the plaintiff) were a resident of Massachusetts both at the time of the marriage and at the time the annulment action is filed. This is pursuant to the case: Damaskinos v. Damaskinos, 325 Mass. 217, 218 (1950). In addition, pursuant to M.G.L. c. 207 s 14, if you were not a resident of Massachusetts at the time of the marriage then you cannot seek an annulment of a foreign marriage unless you have resided...

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  7. How long after a divorce before one can remarry in Massachusetts?

    Answered about 4 years ago.

    1. Gabriel Cheong
    2. Susan E. Hanna
    3. E. Alexandra Golden
    4. Justin Lee Kelsey
    4 lawyer answers

    I believe you have asked two questions here: Question 1. How long does it take for a divorce to be finalized in Massachusetts. The type of divorce case filed affects how long it will take. An uncontested divorce filed under M.G.L. ch. 208 S 1A usually takes about five months from the date of filing to the date a Judgment of Divorce Absolute is issued (i.e. the divorce becomes officially final). I'd estimate five months because the time it takes for the Court to schedule your uncontested...

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  8. Can a child support overpayment judgement be discharged in either through chapter 7 or 13 bankruptcy?

    Answered almost 5 years ago.

    1. Justin Lee Kelsey
    2. Jeffrey Daniel Larkin
    2 lawyer answers

    Under the current Bankruptcy Code, a debtor who files a Chapter 7 bankruptcy will not receive a discharge from debts defined in paragraph 5 of 11 U.S.C. § 523(a) as "domestic support obligations" or debts under 11 U.S.C. § 523(a)(15) owed "to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of...

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  9. What law should be repealed? answer is no fault divorce!!! This law allows men to throw there wives away like so much trash

    Answered almost 4 years ago.

    1. Andrew Daniel Myers
    2. Justin Lee Kelsey
    2 lawyer answers

    I have to disagree with your belief that no-fault divorce should be repealed in Massachusetts or any other state. The New York State legislature recently approved legislation that would allow No-Fault divorces in New York. The state of New York is the last state that still requires one spouse to have committed a wrong (or at least to take the blame) for the dissolution of a marriage. Many, including the Roman Catholic Church, oppose the change because they believe it will raise the...

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  10. What are the rules about husband and wife sleeping together whild they are getting a divorse? One of the pair doen't want the

    Answered almost 4 years ago.

    1. Christopher W. Vaughn-Martel
    2. Ismail Mohammed
    3. Justin Lee Kelsey
    3 lawyer answers

    There are no court rules or statutes that prevent a husband and wife from sleeping together before, during or after a divorce. In fact, the only law in Massachusetts preventing people from sleeping together is a prohibition on adultery which is not enforced anyway. However, it could be extremely unhealthy for you to continue to sleep with your spouse if you are hopeful that it will result in a reconciliation but your spouse is adamant that it will not. In Massachusetts, if only one...

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