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Elena Tsizer
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Elena Tsizer’s Answers

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  • When you file for divorce and immediate spousal support , how long is the process ?

    How soon would I have to wait for spousal support once divorce papers are filed ? I have been married 25 yrs and my husband makes at least $60,000 more than me .

    Elena’s Answer

    The process involves more than just analysis of length of the marriage, who makes more and by how much. Spousal Support is based on your financial need. I would suggest you see a family law attorney to analyze your specific situation. The motion for temporary orders (orders to be in effect while the divorce is pending) can be scheduled and heard as soon as the court's schedule, usually - between 1 and 2 months after the filing of the case. I hope this helps and good luck!

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  • Father is taking mother to court for child support because i was living with my father while he was paying child support to her.

    My mother is trying to get out of paying this child support back to him by saying that he owed her money from a previous court case that he never paid. Recently, my father paid $4000 for school and my parents both agreed that if my father paid all...

    Elena’s Answer

    I am sorry that you are in the middle - and so entangled - into this legal battle between your parents that you are seeking legal advise in this forum. I would strongly suggest that you tell each of your parents to consult an attorney regarding their rights and obligations. To answer your question regarding a verbal contract - usually, it is not enough and additional evidence of agreement (i.e., emails, texts, etc.) would be necessary. Also, until and unless a court order is changed, it remains in full force and effect - verbal agreement or not. Your best interest should always control. I wish you - and your parents - best of luck.

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  • If I am getting divorced on the grounds of adultery does the person I had an affair with need to be named in the petition?

    My soon to be ex has filed for divorce and changed the petition from irreconcilable differences to adultery. Does the person I had an affair with need to be named and therefore served with papers? Should they get an attorney?

    Elena’s Answer

    I agree with Attorney Mason. Technically, although rarely pursued, adultery does have a criminal charge attached to it, so there may be privileges that both you and the other person involved in the affair should be aware of. Therefore, both of you should consult separate counsel. Good luck!

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  • Do I have every right to get divorce before the interview?

    I had gotten married to someone that was not a U.S. citizen we once were in love after we cheated on each other that love faded. I had gotten pregnant from someone else and the man that I am married too wants me to continue the marriage and put hi...

    Elena’s Answer

    Although the facts as you stated them are a bit convoluted, you definitely have the right to get a divorce. Just like marriage, divorce is a personal right and, if you believe that your marriage is irretrievably broken, you have the right to file for divorce. Whether or not you are doing "the right thing" is not a legal question, so it would be hard to answer within this forum. Please understand that there may be consequences to your husband relevant to his status, but legally no one can force you to stay married. I hope this helps and best of luck!

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  • Am I contempt relative to my divorce decree?

    Yesterday I received a complaint for contempt on a provision in my divorce decree related to educational expenses. Nine years ago in a Child Support Recalculation hearing, My ex wife prepared, presented and signed under penalty of perjury an Af...

    Elena’s Answer

    I am sorry you are going through this. There are many factors that need to be looked at before one can answer whether or not you are in contempt. To be in contempt, you must willfully violating a clear and unequivocable court order. First, you need to look to see whether the order for you to pay the expenses (whatever expenses you are now being sued for) clearly states which expenses are to be paid. This order or judgment is referred to in Paragraph 3 of the Complaint for Contempt. Then, you have to see whether you are in violation and why (the other party requested payment, but you didn't pay), which is the meat of the Contempt action. A contempt in a probate and family court is an action that may have some serious consequences (which you are already aware of), so I would suggest to consult with an attorney in your area. I hope this helps and good luck!

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  • Divorce: granted vs. finalized

    What is the difference between a divorce being granted and a divorce being finalized? My son, who lives in Oregon, is getting married in September in Massachusetts. His fiancee is still legally married but in the process of filing for divorce. ...

    Elena’s Answer

    If your future daughter in law is a Massachusetts resident and is getting divorced in Massachusetts via uncontested joint petition for divorce, the judgment of nisi will enter on the date of the hearing on their petition (pending the Court's approval of the parties' agreement for divorce). The Judgment of Divorce Nisi becomes absolute by operation of law (no additional hearing or application to the court is needed) after ninety (90) days expire after the entry of the judgment nisi. Marriages are not permitted during the nisi period even though for all other purposes the judgment of divorce is fully enforceable. There may be an application made to the court for marriage during the nisi period where the applicant (your son's fiancee) will need to show the Court a pressing reason why the waiting period should be waived. If the divorce is not via uncontested joint petition, it cannot be granted until six (6) months after the date of filing, at which time, if uncontested, the divorce of nisi enters and the 90-day nisi period begins. If the plan is for your son to be married in September of this year, 90-day period needs to expire prior to the date of the wedding. I hope this helps. Please have your son's fiancee bring her marriage plans to the attention of her attorney or seek a consultation from a family law attorney if she is unrepresented. Good luck!

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  • Massachusetts Divorce Complaint for Modification

    Ex wife filed complaint for modification.... the main thing cited is daughter (now age 19) graduated from voc program, and wants her emancipated and child support to end, however, a prior judgement in Jan 2014 states child support (I receive it) t...

    Elena’s Answer

    Attorney LaPre offers excellent counsel. In MA, the child support is always subject to modification based on changes in circumstances. Therefore, if your 19-year-old is working and is able to support herself, she is emancipated and it is, in fact, a change in circumstances warranting change in child support. Her graduation from vocational school is not enough to put her into emancipation status if she resides with you and principally depends on you for support. You can certainly point back to the prior judgment of January 2014 in your responses to her action, as well, which shows that both of you anticipated the change she is now claiming.
    Division of marital assets (including retirement assets) is not permitted to be modified, and you must look to your divorce judgment re: health insurance provision, specifically, whether said provision was merged with the judgment and remains subject to modification. I think a consult with an experienced family law attorney is warranted. Good luck!

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  • I am scheduled for a Case Management Conference in a pending 1B divorce in Massachusetts. I filed the divorce against my wife.

    I only lived with my wife for about one year before she moved out. We have no children, purchased no property together, have no joint accounts, nothing. My wife filed an answer to the divorce as required. However, I believe she will not attend th...

    Elena’s Answer

    I am sorry to hear you are going through a divorce. If you filed under c. 208, s. 1B, there is a statutory waiting period of 6 months from the date of filing before the Court may grant you a divorce (usually, in cases where one person does not appear, it is done at pretrial). Sometimes, if 6 months have already passed, you may request that a judgment of divorce is entered at the case management conference. You may try to request the matter be called to immediate trial, but chances are the Court will give your wife until pretrial to show up. I would suggest to make your intention of calling the matter for immediate trial and to move for divorce judgment. The Court will most likely give you a pretrial date right after 6-month mark so that you can proceed. I hope this helps. Good luck!

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  • I got married in India and been living in MA for 8 years. Can I file divorce in US ?

    Is there an attorney in MA that have dealt with international marriages and divorce such as myself?

    Elena’s Answer

    As prior responders indicated, you can get divorce in Massachusetts so long as you have met all of the residency requirements under the laws of the Commonwealth of Massachusetts. Please consult a divorce attorney in your area to get specific information relevant to your case. Good luck!

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  • What do I do?

    My boyfriend is in an ugly custody battle and because I've been in a relationship with him for 5 years I was asked to be a witness. A GAL got involved and they asked to speak to me, as well as dcf. Well I just found out through the GAL that the mo...

    Elena’s Answer

    Attorney Serpa is absolutely right - recording of conversations without consent is illegal. If this is, in fact, true, you should contact police and District Attorney's office. Good luck!

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