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Michael Rodney St Louis Esq.

Michael St Louis’s Answers

48 total

  • What are my rights when I am getting divorced and just found out my husband has sold half his business and hasn't told me?

    I don't know what he did with the money...we have several creditors waiting for the sale of the house (short) the divorce hearing is this wednesday, I won't have time to hire an attorney (I have literally NO money) I will disclose this at the hear...

    Michael’s Answer

    Go online to the MA court site and fill out a motion for Attorney fees along with a short form finanical affidavit. Mail a copy to your husband and the court, bring a copy with you. If you can't afford a lawyer, then perhaps your husband can. It's important to file the divorce so temporary orders go into effect before he sells off more assets.

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  • My wife an i are getting a devoice she's got a lawyer already i can not afford a lawyer.

    i have been ask to move out of the family house by the wife and her lawyer said if i didnt move he will take me to court to have me remove they have not told me why i have to move out of my house

    Michael’s Answer

    It's unclear to me why if your married that your wife can afford a lawyer, but yet you cannot. You may want to consider hiring a lawyer and ask the court to order her to pay for your attorney fees. If not, you may find yourself out of your own home very quickly.

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  • My wife left the home that we own together 4 months ago, now she wants to move back and take it from me. I am on disability.

    she was paying me 200 a month to keep interest in the home. she also cancled my health insurance and I suffered an accident and I have over 10,000 in bills. she informed me that she is moving back in in 3 months. also she is filing for divorce. is...

    Michael’s Answer

    There are multiple issues going on here. First, if your disabled then you can certainly make an argument that you need to be able to stay in the home. However, in the short be wary of the fact that she may try to force you out of your own home by use of a restraining order.

    Be careful not to fight with her, if she does approach you, walk away. If you feel threatened in anyway, then go down to the court house and file a restraining order against her. You must be in an "immediate threat of harm or injury" to file one. As a disabled person you are obviously more susceptible to injury and given the nature of her actions, she may be a bit unstable at this time. Ultimately, you would be well advised to hire an attorney to get through this.

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  • How can I get divorced in Mass. without my husbands signature?

    I've ben trying to get him to sign papers for almost 5 years..he dissappears..cpmes back and sill won't sign

    Michael’s Answer

    I agree with the comments above. Simply file for divorce and let the process proceed, you do not need his signature as it would be an contested divorce.

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  • If I got convicted of vandalizing a car could I get that off my record eventually?

    I'm a college student first offense probably about 2000 dollars worth of damage

    Michael’s Answer

    Hi -

    The waiting period under then new CORI laws for misdeamenor convictions has been lowered from 10 years to 5 years. The wait period begins on the date of disposition, or when you were convicted. The procedure is to submit a single paged petition to the Office of Commissioner of probation pursuant MGL c.276 Sect.100A. Keep in mind though once it is sealed, certain agencies still have access to this record, namely municipatlies, law enforcement agencies and the court involving domestic violence cases.

    Hope that helps. Good Luck.

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  • He owns the house and I have been living with him for 5 years and married 2, is the house considered marital property?

    I would like to know that if my husband and i should divorce, would I have to move out or would he? I have helped him maintain the household since we have been together. we have a new car that we both just bought and I couldnt afford to pay all ...

    Michael’s Answer

    Hello,

    The house was owned by your husband before the marriage and you were only married for 2 years. Therefore, it would likely not be part of the property division in a divorce. The court have a lot of leeway in dividing property however. Sometimes an arrangement can be negotiated involving less child support or alimony in return for a highter percentage of the property division.
    The fact you helped "maintain" the house does not help much in a property division.

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  • Can I hire a lawyer to help with my divorce? We have no assets together, no children, no home.

    We both live in Massachusetts. I don't want anything from him. I just need help filing and finally ending this. I am 24, he is 29.

    Michael’s Answer

    You can file an uncontested "no fault" divorce, better known as a Joint Petition (pursuant to G. L. ch. 208 section 1A). When a joint petition is filed, the parties must be prepared to file the written "Separation Agreement" within 30 days.

    If the judge finds that the facts support an irretrievable breakdown of the marriage and approves the agreement, an order will be entered accordingly. Thirty days after the order is entered (usually the date of the hearing), a Judgment Divorce Nisi is issued. The Judgment Divorce Nisi becomes an absolute Judgment of Divorce after 90 days. If you seek a divorce under this section, the divorce is not final until at least 120 days (roughly four months) have passed since the judge approved the separation agreement.

    Hope that helps! Good Luck.

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  • Massachusetts divorce questions

    My husband earns $84,000 MORE than me. We have 2 school aged children & have been married 13 yrs. In the past I worked, then was at home w/kids for a few years, but am working part time now. He says he will never let me live in our house with o...

    Michael’s Answer

    Hi. I'm sorry for the situation your in. I can only imagine how difficult it must be. To answers your question, the marital home would likely be sold and the equity, if any would be split between the two of you. However, if you are the primary parent for the minor children, then you could make an argument to remain in the house with the kids until they are 18. He would have to help pay the mortgage and taxes with perhaps a reduction in child support payments. When the kids turn 18, the house can then be sold and the equity to be divided equally. You say he may "quit" his job. Unfortantely for him, that is no bar to paying support, the courts will likely look at his historical earnings and untimely reasons for quiting his job in assessing his final support obligations. Hope that helps! Feel free to contact me if you have any further questions.

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  • Probation Violation

    My friend, 8 years ago, drank too much and got arrested for disorderly conduct in RI. He pled no contest and was placed on unsupervised probation for 1 year. 9 months later he got arrested for a minor in possession of alcohol in MA. It was CWOF'd ...

    Michael’s Answer

    The bar examiners are looking for violations that may involved untruthfulness and deceptive actions such as fraud, perjury, theft. As long as your honest there should not be an problem.

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  • If I took something from someones house, which I was invited into, and they have me on camera. What charges can be put on me?

    My friend was babysitting, I was with her. The woman had a nanny cam, she said she has pictures of me putting a vidieo game in my bag. I want to know if she can press charges and what can happen to me?

    Michael’s Answer

    Sounds like there is probable cause to have you charged, however this game may have been yours or your friends and not the home owners. Also, who is to say the game actually left the premises? The homeowner may claim you took it, but it could very well be in their closet!

    There is plenty of room here to defend any charge because the video DOES NOT show you leaving the house with the bag or video game. Plenty of reasonable doubt here, but obviously at this point it is best not to discuss it either way with anyone who accuses you of larceny.

    Good luck!

    Michael St. Louis, Esq.
    781-816-3950

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