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Anton R. Reinert
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Anton Reinert’s Answers

391 total


  • I am getting remarried and need to remove ex-spouse from health plan. How much notice do I give and how?

    Planning on getting remarried this summer and ex-spouse will have to be removed from family policy I carry through employer. I am obligated to give 30 days written notice of cancellation BUT do not know the date I plan on getting remarried. How ...

    Anton’s Answer

    Removing an ex-spouse from a medical insurance plan should be done with great care and attention to detail. If you had a separation agreement, you should review the language carefully to ensure that you comply with all steps. If the health insurance plan is through your employer, you should notify them about the process and ask for their steps to comply with their requirements. At the very least, you should give as much advance notice as possible and it would make sense to have proof that you gave notice by sending a letter certified mail, return receipt requested. This will help prove that you complied with any required steps. You should consult with a qualified family law attorney to give you the best possible advice. Good luck.

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  • How to divide a business.

    Hi, I live in MA, my wife and I have been married for 11 years, and while we were married, 8yrs back she started a home business which grew into a large business. She is the only person on the cooperation papers. If we divorce, is that busi...

    Anton’s Answer

    Dear ab:

    You raise an interesting fact pattern about your wife starting a business while married and that she is the only person on the corporate records. In Massachusetts, any and all assets acquired from the date of marriage to the date of divorce are subject to division. The Probate and Family Court is a court of equitable and not necessarily equal jurisdiction. As such, the Court considers many factors to divide the marital estate. Some exceptions to be considered include prenuptial agreements, postnuptial agreements and recent inheritances. Assuming that there are other significant factors you do not raise, the business would be considered part of the marital estate. You should consult with a qualified family law attorney to get further advice that is refined by your situation. Good luck.

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  • How to file divorce if one spouse out of state

    What determines what state case will be held at whether contested or uncontested. No children involved. Married in MA

    Anton’s Answer

    Thank you for the question. Unless all terms are agreed upon prior to filing the divorce action, the case is defaults to a contested matter. If the two of you resolve all terms and complete the required court materials such as the mandatory financial statement and separation agreement, you can file a joint petition for an uncontested divorce. One of the spouses must reside in Massachusetts if the grounds for divorce occurred in Massachusetts. If the reasons for the divorce occurred outside Massachusetts, then the Massachusetts resident must be a resident for at least one year. You should consult with a qualified family law attorney to give you further guidance. Good luck.

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  • Pretrial divorce memorandum

    My ex and I are going to court next week for pretrial divorce hearing. Neither of us have a lawyer. It's probably the easiest divorce on record. No kids, property, assets of any kind. Neither of us wants anything from the other. I'm having trouble...

    Anton’s Answer

    Thank you for asking the question. The judge will expect that either both parties prepare separate pretrial memorandum or you can file a joint pretrial memorandum. You will be required to have an in-person settlement meeting prior to the pretrial conference as well. If you review the pretrial order, it will list the requirements that the pretrial memorandum must address. Generally it is a good idea to start with a summary of the issues. It is important to comply with the requirements of the pretrial order as the judge can issue sanctions for non-compliance. Good luck.

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  • Can I gain custody before my son's mother plans to move him out his home and school?

    We were unwed so in Massachusetts she has full custody. However the he's lived with me his whole life and is enrolled in a good school system. Without my knowledge she told the school his last day would be next Friday. As far as I know i need to e...

    Anton’s Answer

    I agree that you should file a complaint for paternity and seek emergency orders. You will need to file a detailed affidavit outlining the issues. You should consult with a qualified family law attorney to get specific advice. Good luck.

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  • Can he take them out of state?

    My ex is threatening to take our children out of state we were never married and have 2 children he's threatens me that he's going to take them out of state for a weekend or possibly a week they've always been with me and never spent a night away ...

    Anton’s Answer

    I agree with the prior analyses from the other attorneys. You should consult with a qualified family law attorney to get specific advice. Good luck.

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  • How do I get my court appointed lawyer to do what I want her to do and if she doesnt then how do I replace her?

    My children were removed from their mothers custody by DCF, I am trying to get them out of foster care and placed in my home but my court appointed lawyer told me not to go for custody. I don't believe she will fight for what I want.

    Anton’s Answer

    I agree with Attorney Mason's analysis. Your attorney should communicate clearly with you to advocate on your behalf. The attorney has the discretion as to how to achieve the objective. If the attorney-client relationship has broken down, you may want to seek replacement of your appointed attorney. Good luck.

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  • Court order states as of nov 7 I get my son Friday 3pm to Monday 8am.i received order on sat the 8

    It states I pick him up from school on fri 3 pm to mom 8am on occasions he is not in school she is to drop him at my local police station and I am allowed to contact her through texts without violating restraining order she said she did not receiv...

    Anton’s Answer

    Due to the restraining order, I agree that you should contact her attorney regarding this situation. If she does not have an order, you may ask the police to confirm that she has the order. You should consult with a qualified family law attorney to get specific advice. Good luck.

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  • What are my rights to visitation with my daughter?

    5 months ago in rehab daughter's mother (my Ex)had me sign a document/agreement. Main reason signed; I believed my Ex when she told me our daughter would be involved in the courtroom if I didn't agree to. Document stated the following; I am to ...

    Anton’s Answer

    I agree that unless the agreement was approved by the court, it is not enforceable. You can file a modification action to seek relief. You should consult with a qualified family law attorney to get specific advice. Good luck.

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  • Single father D.O.R. and D.C.F. destroyed me and my children. never gave up parental rights, children was harmed I was blamed.

    single father of 5 had custody of since 1998. mother left and then came back; with the help of D.C.F. ; had me removed from me and the kids home; daughter were raped, 2nd oldest daughter raped and pregnant by mother's dealer; son was molested. son...

    Anton’s Answer

    I am sorry to hear about this situation. You should contact a supervisor for the DCF to seek an administrative review. You should consult with a qualified family law attorney to get specific advice. Good luck.

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