Gail Otis's Answers

What`s 1A divorce and 1B divorce?

A 1A divorce is an uncontested divorce. It is typically begun by filing a joint petition for divorce along with other required documents and a signed and notarized divorce agreement. The Judgment of Divorce will enter 30 days from the date of the divorce hearing, and will be come final 90 days there after, for a total of 120 days during which the parties are not legally free to remarry. In order to obtain a divorce pursuant to MGL. c. 208, s. 1A, parties must be able to communicate and...

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I was divorce 2 1/2 yrs ago and ex wife is to get half of my 401 after her lawyer did a QADRO. She did not do the QADRO and my

If your ex-wife's attorney was obligated to draft the Qualified Domestic Relations Order ("QDRO"), and failed to do so in a timely fashion, then any claim of loss by your ex-wife should be against her own counsel for the delay, and not against you, unless you failed to cooperate in some way which caused the delay. Typically, however, it would be your attorney's obligation to draft a QDRO dividing your retirement account. Your question does not indicate whether you had an attorney to represent...

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If I get divorce and my ex is still living in the home that we jointly own, am I responsible for home repairs - MAssachusetts

As long as you remain an ower of the property, you will likely be responsible for one-half of any repairs over a certain amount - such as $500. The parties usually have to agree upon the repairs in advance. If you are seeing a mediator, you should discuss an arrangement such as that. Each of you should also have an attorney to review any agreement on your behalf before you sign it. DISCLAIMER: This answer is provided in response to a "hypothetical" question and is provided for general,...

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If a plaintiff is refusing to provide mandatory docs can defendant sent the subpoenas?

I agree with Mr. Murray. While you could serve a subpoena duces tecum upon the bank to obtain the documents directly, you would incur the cost of having a constable serve the subpoena plus the charges the bank is very likely to require be paid in advance to reseach, locate, and photocopy the documents. Many banks require high hourly rates for reseach fees plus the copy charges, often per statement. A pro se litigant might be better off seeking the assistance of the Court by filing the motion...

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I need advice on a visitation issue?

The standard to modify an existing order on visitation is that there has to be a material and substantial change in circumstances since entry of the last order. The circumstances you have described are alarming, and if these circumstances are new or have only come to your attention and knowledge since the entry of the existing order, you may well have grounds to seek modification of the visitation order. It will be very important to have clear substantiated facts of the allegations you will...

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Hi my child is 19... droped out of collage and is now having a baby...I live in Boston but she lives in New York with her mother

I am not certain from your question whether you were ever married to the mother. If you were, your divorce judgment may contain information about your child support obligation; however, support is required according to the terms of M.G.L. chapter 208, s. 28. If you weren't married, then support is required according to the terms of M.G.L. chapter 209C, s. 9. Based upon the information contained in your question, you will likely have to continue to pay child support until your child reaches...

If i move out of house does that give up my right for my share in the divorce husband wamts me to move out

I agree. If you move out it is likely that your husband will have sole and exclusive use of the home during the time that the divorce is pending. It does not mean, however, that you will have no claim to whatever equity exists in the home. For more information on this issue, please review the post as to your interest in the marital home on my blog at www.otislegal.com/blog. DISCLAIMER: This answer is provided in response to a "hypothetical" question and is provided for general,...

My 21 year old daughter just graduated from college. She is moving to Florida to work for Disney Aug 5th. She is planning on goi

Under Massachusetts law, if a child attends college, they are emancipated when she or he has graduated from college and/or reached age 23, whichever comes first. According to the facts you set out in your question, your daughter has already graduated from college and is moving out of state to work. If she is still living with the custodial parent and not working full time here, she may not be emancipated until she actually begins to work full time and supports herself and/or relocates out of...

My parents had their will done years ago. since then their lawyer passed. are there copies in our local court house?

Not necessarily. In the past Wills were often filed at the courthouse for safekeeping - for example in situations such as the one you describe. With such a shortage of space, however, filing today at the courthouse is less common. You could check with Registry of Probate in the Probate and Family Court division in the county in which your parents resided. If not there, I suggest that you try to find out who "inherited" the files of the dececeased attorney. If you cannot locate anyone, such...

What are the guidelines for separation/divorce in Massachusetts

It is NOT automatic. You remain legally married until you receive a divorce judgment. If there are no children, no assets to divide and no issues of alimony, you could consult the lawyer of the day at the Norfolk Probate & Family Court for guidance in completing and filing the required documents. You will also have to serve copies of all documents upon your husband. DISCLAIMER: This answer is provided in response to a "hypothetical" question and is provided for general, informational...