There are so many factors to consider in a divorce, including: how long you've been married, how many children you have, both of your contributions to the marriage (both financially and otherwise), education, health and employability, just to name a few.
If you could provide more information, I'd be able to give you a clearer picture on what to expect in a divorce.
Thank you and good luck!
A divorce can take anywhere from a couple of months (sometimes less), if it is uncontested and you and your spouse are able to come to an agreement on all issues, to over a year or more, if there are many disputed issues.
Whether either of you is required to move out of the house depends on either (1) if he agrees to move out (or you agree to move out), or (2) if there is a basis for the Court to order either of you to move out of the house.
The Court would order someone out of the house...
It is possible that the Court will revoke his probation and sentence him for the maximum of 5 years on the original charge. One important factor to consider will be the new charge- what is it and what are the potential consequences? Sometimes, the Court will run the sentences concurrently (at the same time).
Were you arrested or summonsed to court for a clerk's hearing? It is likely that you may even be able to keep the complaint from issuing (in other words, to keep your record entirely clear), at a clerk's hearing, depending on whether your background and the specifics of this case. If you were arrested, it is important to speak to the DA about what they are willing to do in an effort to help you in your future endeavors.
Like the other lawyers who replied, I do suggest speaking to an...
According to G.L. ch. 276, s. 58A, the Commonwealth cannot detain you for a period exceeding the 90 days "without good cause" shown. This could mean so many things, depending on the circumstances, including whether release would jeopardize the safety of any person in the community.
The Defendant should get some sort bail hearing. Are they being indicted? Why has there been such a delay? Does the Defendant have an attorney? What kind of record does this person have?
I would suggest...
It is unlikely that you will be facing the same judge for the probation violation hearing, but possible. Judges often rotate on a schedule through the system. Who was your judge and when is the hearing?
I would suggest consulting with an attorney on this. On a probation violation, you face the potential of your CWOF being revoked and a guilty being entered and/or a sentence being entered on the original charge. It is a really good idea to pay your costs and fees due prior to the hearing,...
Oftentimes, criminal offenses, even if out of state will show up on your CORI. There are times that an OUI don't appear on the CORI, but would show up on your driving record. Some employers will check a variety of records.
Given that you can't reach your PO, I would suggest stopping by the court to make sure you have complied with all the terms of your probation. If there are still portions of probation outstanding, you want to be sure that you comply with them to avoid a probation violation. Usually, however, the case closes at the end of probation, and by what you have written, you are probably all set.
In order to adopt your children, you and your husband would first have to file for adoption in the Probate & Family Court. Upon filing, the Court will provide you with the written citation to be published in the newspaper. Publication is considered notice to your children's father.
Good luck and if you have any questions, please don't hesitate to contact me.