Stephen F. McDonough’s Answers

Stephen F. McDonough

Medfield Divorce / Separation Lawyer.

Contributor Level 9
  1. I am going through a Divorce, The ex wife lied and got caught lieing to the police.

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Stephen F. McDonough
    3. Robert Ricci
    3 lawyer answers

    As Attorney Lewis mentioned, it is unfortunate that you are having such a stressful divorce. Although I have no way of knowing your financial situation, you may want to consider contacting a legal services agency in Massachusetts if you are not able to hire a lawyer. You could also consider hiring a lawyer for limited parts of your case. Given the facts you mentioned above, it seems like a difficult situation to handle on your own. The perjury charge will likely impact her credibility...

    5 lawyers agreed with this answer

  2. Massachusetts - Providing tax returns to my ex-wife annually. Is that the law?

    Answered over 2 years ago.

    1. Stephen F. McDonough
    2. Thomas J Callahan
    3. Peggy Margaret Raddatz
    3 lawyer answers

    Hello: The child support guidelines can be found here if you want to take a look at them: http://www.mass.gov/courts/childsupport/guidelines.pdf The guidelines do not require an exchange of tax returns, but if you agreed to provide your tax returns in your divorce agreement, then you should follow the terms that you agreed to, or you could be in contempt of the agreement. As explained in the other answer, child support can be modified, but the courts generally discourage parents to come...

    Selected as best answer

  3. If I leave my home for one night will it be considered abandonment and will my wife be able to have me removed from the house?

    Answered almost 5 years ago.

    1. Stephen F. McDonough
    2. Henry Lebensbaum
    3. David Alexander Browde
    3 lawyer answers

    Hello: If you leave your home for one night and then return it would not be abandonment, nor would that likely be a reason to have you removed from the house taken, by itself. In order to be removed from the house, your spouse would have to file a motion to have exclusive use and occupancy of the marital home if the situation is intolerable at home; or apply for a restraining order. Also, sometimes it just makes sense for one person to move out. Otherwise, I would suggest that if you...

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  4. Splitting retirement monies when divorcing.

    Answered about 2 years ago.

    1. Karla Mansur
    2. Stephen F. McDonough
    3. Talia N. Simonds
    4. Karen M. Buckley
    5. Elliot S Coren
    5 lawyer answers

    Hello: Just to add a couple of points to the good answers provided by the other attorneys, you may not need a Qualified Domestic Relations Order for every type of retirement account. For instance, IRAs don't need a QDRO to be divided. Also, your Separation Agreement is actually accessible to others through the court, but your required court financial statement is kept private. Many times in a separation agreement the actual values are not included, but the agreement will reference the...

    2 lawyers agreed with this answer

  5. I'm filing for divorce but, out of spite, my ex won't sign the paperwork, can i get a court hearing w/o her signing?

    Answered almost 5 years ago.

    1. Stephen F. McDonough
    2. Carolyn Blake Dibbert
    3. David Alexander Browde
    3 lawyer answers

    For you to file for divorce, your spouse does not need to sign anything. Your fist step is to complete a complaint for divorce. The court next provides a summons which is then "served" upon your spouse. You cannot make the service yourself, but should hire a constable or sheriff to do this on your behalf. Next step is to return the certificate of service to the court. If you hire a lawyer to represent you, which not surprisingly I recommend, the attorney will take care of these things...

    2 lawyers agreed with this answer

  6. Child Support open in three states

    Answered almost 5 years ago.

    1. Stephen F. McDonough
    1 lawyer answer

    Hello: This sounds like an involved situation. It is a bad idea to just ignore the child support payments, as the amount due will likely continue to accrue. There will also be some extra work involved just in figuring out exactly what the situation is in all 3 states, and then determining the best way to proceed. I would urge your husband to meet with a lawyer to start trying to unravel the situation before things get worse. Child support enforcement options are serious and range...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. How should I go about moving to another State before divorce has been filed? Is there anything my husband can do to stop me?

    Answered almost 5 years ago.

    1. Stephen F. McDonough
    2. Theodore W. Robinson
    3. David Alexander Browde
    3 lawyer answers

    Hello: Not that I disagree with the other info provided, but have you considered asking your spouse if he would consider mediation? Mediation can be a very effective way to address parenting issues such as yours, and can lead to a workable solution that you both can live with. Of course, you will want to consider what is in the best interest of your son, which is the main principle used by the courts to decide child-related issues. Frequently, the thinking is that a child's interests are...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Is this considered child neglect in a divorce case ?

    Answered about 2 months ago.

    1. Christine G. DeBernardis
    2. Jenny A Daniell
    3. Stephen F. McDonough
    3 lawyer answers

    Hello: I agree with the other two lawyers that responded to your question. Since your son's doctor directed the medication, and you followed his or her advice, then I do not see how this could be considered neglect. If you are not sure if the benadryl is a good thing for your son, you could also get a 2nd opinion if that medication is still being used. If the father is really concerned, of course he could contact the child's physician himself to inquire about the child's ongoing...

    1 lawyer agreed with this answer

  9. If I divorse my wife will I have to pay half her credit card bills?

    Answered over 4 years ago.

    1. Stephen F. McDonough
    2. Henry Lebensbaum
    2 lawyer answers

    Hello: This question cannot be answered without more info. If the debt was personal to your spouse, as opposed to purchases that benefited the household or any children, then oftentimes the person incurring such debt would be responsible for it. This type of issue is something that is normally negotiated as part of the property division during divorce. The other component with this issue is that if bills are not paid, and the debt was joint, then creditors can look to both parties for...

    1 lawyer agreed with this answer

  10. I am the only member of an LLC in Massachusetts. My wife will file for divorce in a few months. I need to protect the business

    Answered almost 5 years ago.

    1. Stephen F. McDonough
    2. E. Alexandra Golden
    3. Henry Lebensbaum
    3 lawyer answers

    Hello: Your business is an asset that is technically subject to division as part of the property settlement. As part of your case, the business should be valued. Sometimes an expert is used for this, or sometimes parties even agree on a value. As a single member LLC, there is a chance your business does not have much of a value, and although it may provide you with an income stream, it may not be worth much to a potential buyer. Of course, I don't know all of the details. Income is...

    1 lawyer agreed with this answer

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