Stephen F. McDonough's Answers

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?

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

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...

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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?

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...

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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

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...

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I have been married for 7 years in massachusetts. My wife has a seperate retirement fund in her own name.

Hello: Generally, any and all property is subject to division ins Massachusetts. Your question does not provide enough info to give a more detailed response. For instance, what was the source of the large deposit? Did you contribute any funds to the account? Your question leads me to believe that the retirement account may not be a qualified retirement plan, since you both used a portion of it for a vacation, which would would have likely resulted in a penalty and then the withdrawn...

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Can I gift my bonus to my daughter before I get divorced?Haven't filed yet,wife took$already in bank,don't want here to take all

Hello: Since it sounds as though nothing has been filed, then you would not be in violation of anything from the court's perspective if you gifted the bonus; but by gifting the bonus, I am not sure what you think you are accomplishing by gifting the money. A bonus is income and treated no differently than regular earnings, so when you get divorced and complete the mandatory court financial form, the bonus income must be reported. If you gift it out, it will not be as though the money did...

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Marital Property dispute as the real estate value.

Hello: I suggest that you contact the appraiser and point out the mistakes on the appraisal and ask the appraiser to update and correct the final appraisal report. If you are considering the town's assessed value as an appraisal or the fair market value, be careful. Assessed value can be far off from the actual fair market value. Also, the current real estate market can make it tougher on appraisers, and I have seen more disparities in appraisals than was the norm in year's past....

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Child Support open in three states

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...

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Legal age in MA to refuse spending parental time with non-custodial parent.

Hello... Barring some type of significant issue with a parent, such as abuse for example, keep in mind that children do best when they have good relationships with BOTH parents. Although your child may not want to visit with one parent, it could be more beneficial in the long run to encourage the 14 year old to spend time with the "other parent." Also, I would suggest you encourage the child and perhaps both parents (not necessarily together) to meet with an experienced mental health...

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

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...