My children's mother past away and the step father will not allow us to take their belongings from the mother's residence(i.e. clothes, toys,personal items). I had shared custody of the children with their mother, and the children were over there...
You need a court order if you have no lawful right to enter the premises. If you pursue the solution in the Probate Court, I think the personal representative in the Mother's estate would be looking to recover the property as an asset in the estate, but I think the more practical solution would be to pursue recovery of the property under a landlord and tenant theory.See question
My fiance and wife have a joint filing, he filed she willingly agreed, they have not lived together since 1990, no joint assets, minor children, a simple divorce. If the soon to be ex wife does not show up to contest , it will be granted?
I don't think so. A joint petition is not an adversarial action where one party can be defaulted if they do not appear after being given notice. A joint petition is predicated on both parties being in complete agreement on the divorce and terms of settlement. If one of the parties does not appear, the only way I can imagine the judgment of divorce being allowed is if a fully executed and notarized separation agreement was filed previously by both parties with supporting affidavits and your fiancé was willing to excuse the absence of the other party. Otherwise, a contested action can be filed, served, and the non-appearing party can be defaulted at the pretrial conference and some kind of judgment can enter.See question
The father (my brother) has full legal and physical custody of her, she'll be one in a few weeks. The mother lost oldest to dcf recently and is not involved, she's an addict an walked out on the baby several times. My brother has been struggling a...
You are inferring that your brother is struggling with mental health issues. Given the tender age of the child and the fact that the rest of the family shares your observations regarding his condition, you are absolutely correct in seeking a guardianship of a minor through the Probate Court before DCF becomes involved as they most certainly will file a Care and Protection proceeding on the facts you describe.
Your chances of obtaining this guardianship are better even if your brother objects to it, if your other family members are willing to come to court and support your concerns about his status as well as your ability to house, clothe and feed the baby - and support healthy, safe contact between child and father while he gets help.
Forms for a guardianship of a minor are available on line at:
Good luck.See question
I was awarded the home during our divorce and told to refinance to remove his name. He was sent the paperwork from the title company to sign over the title. He is now refusing to sign this on the grounds that it will not just be my name on the new...
No. You were awarded the house in the divorce. Who you take title with is none of his business. File a Complaint for Contempt on the grounds that you are complying with the court order and he is frustrating the effort. If he continues to refuse to sign the deed the court can either order recording of the judgment to vest title in your name or appoint a special master to sign the deed on his behalf. Its a pain, but he can't stop you.See question
I am a victim of domestic violence. My husband injured me repeatedly during past few years and the injuries made me unable to work now. How long is he allowed to provide health/dental insurance for me after divorce? I am married for 8 years. What ...
In most cases, under ordinary factual circumstances, you are entitled to equal division of any retirement contributions he made to any retirement vehicle from the date of marriage to the date of divorce. Health Insurance generally is supposed to be offered to you if you coverage for you can continue post divorce under your husband's plan through the employer - if there is an added cost to coverage post divorce, that cost - who pays it, can be negotiated.
If question is directed at whether or your husband can be obligated to provide you with health insurance coverage under a separate individual policy of insurance, that kind of commitment is in the nature of alimony and would be subject to statute regarding your need for it, his ability to pay for it and the length of your marriage.
During the past few years, my husband repeatedly assaulted me, causing injuries that got aggravated over time. Now I have difficulty moving around and am unable to work. I am considering filing a divorce on the grounds of “Cruel and abusive treatm...
I can't answer on intentional torts; as far as divorce goes you plead cruel and abusive treatment and you prove it by testimony and possibly medical records created when the injuries were received. Documenting disability and inability to work can potentially earn you a greater division of assets but alimony is really a creature of statute based on your needs, his ability pay and the duration of your marriage. There is no such thing a punitive alimony to address bad conduct by a spouse. WHAT YOU SHOULD DO is seek an abuse prevention order the next time you are assaulted, cite the past history in your affidavit and get him out of the house.See question
both parties agree on everything. no kids from this marriage.
Joshua beat me to the punch: if you have children, you will need to take the parenting class and file the certificate of attendance before a final hearing will be scheduled.See question
I am in my 60's, working & fully competent, and my wife is disabled, but also fully competent. We want to formally, legally disown our adult son due to his abhorrent actions against our entire family over the last few years. He has been legally ...
This link is a pretty scholarly article on all of the statutes that provide fees for counsel against a vexatious litigant.
M.G.L. c. 231 section 6F is included in this article.
You should move to dismiss any matters previously brought and adjudicated and ask for fees as well.
Rule 11 only applies to counsel admitted to the bar.
What you can do is ask for fees; at some point after enough sanctions most bullies move on.
My spouse had a stroke 3.5 yrs ago and is in a nursing facility paid for by Medicaid. I was about to file for divorce after 24 years. Spouse had substance abuse issues. Everything was put in my name when he applied for Medicaid. We own a home, no ...
Is there a question here? If you are not in agreement with a care plan that relies on you to provide the majority of the care at home, as his spouse, you are not obligated to assume a burden you do not wish to assume; so be clear on that if the social workers are looking to formulate a discharge plan. If he remains in the nursing home, and all the assets are in your name - why do you need a divorce?See question
i live in mass and a judge was forced to retire in the middle of my wifes custody case. a gmt proved that her ex was not the father and that he lied on the birth certificate not her (he filled it out by bullying her). if he declared a mistrial di...
Yes if what you are describing is accurate: if the court declared by written ruling after the judgment issued ( on a motion for new trial or to amend, vacate or a Rule 60B motion), that the judgment was in error, whatever temporary orders were in effect before the trial, would remain in force, ( if any).See question