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Elliot S Coren
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Elliot Coren’s Answers

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  • In Mass. if I leave my house and separate from my husband, do I lose any rights to the house or property?

    We have been married for 35 years, no underage kids. I don't want to give up any of my rights to assets we have together, just need to know what direction to go in.

    Elliot’s Answer

    Hi
    You do not lose any rights if you decide to physically separate from your spouse. You need to sit down with a lawyer to discuss division of the assets, debts and whether alimony is a possibility.

    Steve Coren

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  • My wife hired an attorney and filed for divorce. I was asked to pick up the summons. I want to mediate. What do I do next?

    My preference would be mediation without attorneys. Is that possible knowing that my wife already has an attorney on retainer? Do I need to get an attorney, or can I just go with my wife to a mediator? thanks

    Elliot’s Answer

    Hi

    If there are any assets worth enough to argue over or there are disagreements over custody/parenting time, you need a lawyer. I highly recommend NOT using mediation unless you are represented by counsel. A mediator cannot advise you what is in your best interest to accept as a result of mediation. I strongly recommend having a lawyer for mediation. Call me if you would like to chat.

    Steve Coren

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  • "My husband put our joint business as a corporation and articles of organization only name him as an officer.

    If I file for divorce do I have a stake in the business. We have been married for over 20 yrs. kids are grown. I've worked in our business our entire marriage, am I entitled to part of it

    Elliot’s Answer

    Hi

    Yes you are entitled to a division of the value of the business. I would suggest getting an attorney immediately to prevent any shenanigans from taking place with the business assets and income. Get a lawyer right away. Happy to chat with you.

    Steve Coren

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  • Separated frim my wife. No children. Do i need to give her money. Neither of us has a lawyer yet

    Same sex marriage she owns the house No children Married 7 years.

    Elliot’s Answer

    Hi

    Hard to advise you knowing nothing about the circumstances but I would advise you to pay nothing and agree tom nothi8ng until (1) have advice of a lawyer and b2) there is a court order or agreement between your lawyer and your spouse. You should employ an attorney right away. You are welcome to call me and we can chat. Good luck.

    Steve Coren

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  • If I file for divorce and my adult children live with my husband , will he still have to pay alimony ?

    He makes more than $50,000 more than me and we have been married for 25 years. The children are not in school as of now , but he has threatened to enroll them in school to avoid paying me .

    Elliot’s Answer

    Hi

    I would need more information before I could give you a confident answer. However, if the children are adults, I doubt he could avoid a petition for alimony by trying to enroll the children in school. You need to meet with a lawyer to get reliable information. Good luck.

    Steve Coren

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  • If I leave my house is it abandonment in the state of Massachusetts and would husband get both houses?

    Been married almost 11 years, no children .we own two houses. We have been separated for a year. I live in one house, he lives in the other. And have a condo that I brought into marriage. That I want to keep.If I leave this house that I am living...

    Elliot’s Answer

    Hi

    There is no abandonment if you leave; it is still a marital asset to be divided. However, there would be issues of paying the carrying expenses and the issue of the homeowner insurance coverage which requires that someone live there. I would advise you to hire a lawyer before you participate in to mediation. A mediator cannot advise you what is in your best interest. It is important to have an attorney who can participate in the mediation and at the same time protect your interests. Otherwise, you would not know what to ask for. Since you have other assets at well, the cost of an attorney is justified and you would be at a great disadvantage to do this by yourself. Please call if you would like to chat. Good luck.

    Steve Coren

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  • My EX and I divorced over 4 years ago. Alimony went from Jan 2011 to Dec 2014 for $500 per month.

    Amicable divorce with no lawyers. She is now talking about getting MORE alimony and possible money that she thinks I owe her cause our home was sold as a short sale. But it was HER that left me on Dec 27 2009. I am doing great now and just bo...

    Elliot’s Answer

    Hi

    The simple answer is you need to consult with an attorney. There are too many factors not known before I could venture an opinion. However, it appears you have some defenses. Call me if you would like to chat. Good luck.

    Steve Coren

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  • My husband and I are divorcing after 21 years.Except for the house we own together, we have always kept our money separate .

    He makes 20000 more than I do. I recently inherited money which I never comingled. Will he get a share of that when we divorce? We have no children.

    Elliot’s Answer

    Hi

    If the inheritance may be an unagreed issue, you need counsel. Even if you are agreed on everything, you need advice and an attorney to represent you draw up the papers. The information you need cannot be provided without much more detail. Good luck.

    Steve Coren

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  • Domestic summons to modify Divorce Decree

    I was recently served a court summons for modification to a divorce decree that took place in 2001 so we are 14 years after the fact. My ex-wife has since remarried and states that there was no disclosure of a pension at that time and she was not ...

    Elliot’s Answer

    Hi

    There are several legal issues to be analyzed and presented in your situation. I do not feel you can do this alone. You should hire counsel. I think there are some helpful arguments in support of your position but legal work needs to be done. Hire an attorney! Good luck.

    Steve Coren

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  • About how much does it cost to consult a lawyer , and have her/him draft a divorce agreement, and submit papers to the court ?

    Would like to have an estimate figure for a private divorce lawyer to file for (unconstested irrevocable marriage breakdown cause) divorce, with agreements of both spouses.

    Elliot’s Answer

    Hi

    There is no standard fee. I charge 2500 plus filing fee. There is a substantial agreement that must be drafted and other papers to draft and there must be a court appearance to get the divorce. It could be more if disagreements start to emerge. You should get an experienced attorney. I have been doing this for 40 years.

    Steve Coren

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