Melinda J. Markvan’s Answers

Melinda J. Markvan

Westwood Divorce / Separation Lawyer.

Contributor Level 9
  1. Ex won't come to settlement, only few issues remanin, he keeps adding things... trying to cripple me financially ? What can I do

    Answered almost 2 years ago.

    1. Anthony Rao
    2. Melinda J. Markvan
    3. Anjali Gupta Stevenson
    4. David Alexander Browde
    4 lawyer answers

    There alternatives to litigation. The two of you could agree to participate in binding arbitration. In arbitration, the arbitrator acts as the judge and makes a final determination of your division of assets & liabilities. Most arbitrators are retired judges, so they are tough, but the setting is more relaxed than being in court. Arbitration is also less costly and more efficient than going to trial. It sounds like you've been separated and have worked out custody, visitation and division...

    Selected as best answer

  2. I am a defendant in an uncontested divorce and the plaintiff is out of the country. Does he have to appear in court?

    Answered almost 2 years ago.

    1. Karen M. Buckley
    2. Karla Mansur
    3. Marcia J Mavrides
    4. Christopher W. Vaughn-Martel
    5. Melinda J. Markvan
    5 lawyer answers

    Your spouse may want to hire an attorney in Massachusetts to appear on his behalf and ask the court to waive your spouse's appearance. The attorney will need to present a motion and affidavit, along with your spouse's other signed documents. Good luck!

    2 lawyers agreed with this answer

  3. How much weight does a GAL have on a judges decision NOT to change custody based on a 12yr old decision to keep things the same?

    Answered over 1 year ago.

    1. Diana I. Sorrentini-Velez
    2. Christopher John Finn
    3. Melinda J. Markvan
    4. Henry Lebensbaum
    4 lawyer answers

    As your attorney may have told you, at a modification trial, you must show that there has been a material and substantial change in circumstances warranting a change of the original order and that the change is in the best interests of the children. Sometimes 12 years passing may be enough of a change to modify visitation. Can you show that the reasons you agreed to the old visitation schedule no longer exist, therefore you should have more time with the children now? Ie, work schedule, move,...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. How much does it cost to file for visitation rights in ma?

    Answered over 1 year ago.

    1. Anthony Rao
    2. Karen M. Buckley
    3. Melinda J. Markvan
    4. Valerie J. Semensi
    4 lawyer answers

    If you know what kind of complaint you want to file, there is a uniform fee schedule issued by the Probate Court listing exactly what it costs. It's called the Probate and Family Court Uniform Fee Schedule. Keep in mind, each complaint is served with a Summons ($5) and there will be a separate fee for having a sheriff or constable serve the documents on the defendant. Good Luck! http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/documents/scheduleoffees_color.pdf

    1 lawyer agreed with this answer

  5. Can I file a motion to have my ex submit mental and physical health records to court?

    Answered over 1 year ago.

    1. Christopher W. Vaughn-Martel
    2. Ross J. Venables
    3. Henry Lebensbaum
    4. Melinda J. Markvan
    5. Brendan L. Ward
    6. ···
    6 lawyer answers

    It sounds like the big issue is you wanting to see your kids, while your ex is making up lies to keep them from you. Unless your are going through a divorce, a modification, or a complaint for contempt has been filed, then you cannot go to court on a motion. The rules of procedure are confusing, so call a family law attorney before filing anything.

    1 lawyer agreed with this answer

  6. Can i go after the father of my unborn child for help with medical bills if my child is born prematurely and dies?

    Answered over 1 year ago.

    1. Todd Allen Davidson
    2. Henry Lebensbaum
    3. Melinda J. Markvan
    3 lawyer answers

    Under the Mass paternity statute, the biological father is responsible for half of the uninsured medical costs associated with the birth for children born out of wedlock. If the father does not agree to reimburse you for half of all other medical bills for the child, you may bring an action seeking child support and medical costs after the child's birth. The judge will make a determination as to the other medical bills. Be sure to have all receipts. Congratulations and good luck!

  7. Should I get restraining order or start divorce process Or what?

    Answered over 1 year ago.

    1. Karla Mansur
    2. Melissa Anne Levine-Piro
    3. Robert Winford Carpenter
    4. Karen M. Buckley
    5. Christopher W. Vaughn-Martel
    6. ···
    7 lawyer answers

    The standard for a restraining order can only be proven if you can show that you are in fear of imminent, serious physical harm. However, if you file for divorce, then you you can seek temporary orders setting forth the parenting schedule, amount of child support and exclusive use and occupancy of the your respective residences. Exclusive use and occupancy would prevent either of you from going to the other's home uninvited. The court's order would be enforced by the police if there is ever...

  8. Can my son take his wife and HER kids from previous relationships off of his health insurance if she moved out?

    Answered almost 2 years ago.

    1. Philip W. Mason
    2. Christopher W. Vaughn-Martel
    3. Henry Lebensbaum
    4. Melinda J. Markvan
    4 lawyer answers

    Unless your son and his wife execute the proper documents and his name is removed from the birth certificate, then your son is legally that child's father. At this time, your son's wife and their child have statutory rights to have your son continue to provide their health insurance and possibly child support for the child. A judge may not allow the agreement if your son has health insurance and his wife does not. If she is pushing for alimony, then it will be determined by a percentage of...

  9. What's my next step to move my divorce to conclusion?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Melinda J. Markvan
    2 lawyer answers

    Your ex's attorney has moved on to other matters since your trial, so you or your attorney should call or send a letter to the ex's attorney to get things moving. Failure to do what the ruling has ordered is disobedience of a court order, so you could file a complaint for contempt and seek reimbursement of legal fees and costs if your ex is the responsible party and you are the receiving party. Good luck.

    1 lawyer agreed with this answer