Can you help. Need to file for Divorce,:
Both UK citizens. We married in Washington DC June 2014. We separated December 2017.
She currently lives in the UK. I live in Boston MA.
Not sure that she will respond to Divorce proceedings and dont have definite address for her in the UK.
Want to file for uncontested divorce soonest. No joint assets, no children. Just straightforward divorce.
Seeking advice and help to file and complete the process ASAP.
Gabriel’s answer:
You can't do an uncontested divorce because that implies everyone is cooperating. You'll most likely need to file for a contested divorce and serve her by publication.
Feel free to give us a call for a consultation.
What steps do I need to consider if I want to relocate from Massachusetts to Florida?:
I've been considering to move to a different state for the past couple of years and finally everything is coming together and I will be able to relocate with my job. I was granted Sole, Physical & Legal custody of my children and father has only visitations rights. I have brought the idea of moving to him but he is not okay with that so I will like to know what exactly do I have to do. My children are excited about the idea of moving and I'm very open with them and we have talked and they are okay with visiting his dad on Vacation brakes and during the summer.
I'm originally from Colombia and I just can't get used to the cold weather and on top of that I'm Asthmatic so the cold temperatures don't suit me very well and lately my daughter have been having breathing problems as well. I choose Florida because I lived there before and I have close friends and relatives so I will have support there in case something comes up. I try talking to him for him to consider our decision for the kids best interest and working out on what what will be his best visitation schedule.
Gabriel’s answer:
You will need the permission of the father or the courts in order to move. Even if you have custody, if he has parenting time, you will need his or the court's permission.
These types of cases are called "removal" cases. If contested by the father, these types of cases are usually the most hard-fought, expensive, and complicated. You will need to show that the move is in the best interest of your children, that there's a real advantage to you, and that you're not doing it to deprive father of his parenting time with his children.
Move out of state?:
I am going to get remarried next year but my finance is in a different state and we have decided that I am going to move to his place.
My ex-husband and I have a minor child and I have the primary custody. I have not discussed this with my ex yet. I want to be prepared and see what's coming. If he didnt agree that I move the kid with me, would I be facing a long battle at the court and cannot get married? What are my options?
Gabriel’s answer:
Please only take advice from a MA divorce attorney because family law is state specific.
You cannot permanently take your child out of MA without the written consent of your ex or the court. You are free to marry and move wherever you wish. The prohibition is on the child.
If your ex doesn’t agree, then you must allow enough time for a “removal” case of this type to run its course through the courts. Removal cases are the toughest cases because it’s a pure win-lose situation. Expect at least a year or more of litigation depending on the county and the judge’s calendar.