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Kenneth P Doherty

Kenneth Doherty’s Answers

216 total


  • How do I divorce a charged sex offender whom I have children with?

    Husband is charged with rapid a minor, gave full confession and will eventually be charged and put in jail after a trial. He's Currently awaiting bail review. Where do I start in regards to divorce, child custody, putting house up for sale, etc? N...

    Kenneth’s Answer

    You need to act quickly to protect your interest in the house before an atty for the victim sues your husband and puts a lien on the house...,..

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  • Can I take my kids wherever I want during parenting time and do I have to disclose details before pickup?

    Custodial parent trying to set restrictions during my parenting time. Threatening to not allow me to have my time unless she knows what my plans are. However, if plans are revealed, she will most likely not allow me my time - despite 6 day advance...

    Kenneth’s Answer

    Not an unusual problem...she cannot control what you do with the kids (assuming you are not endangering them)...just as you cannot control what she does with them. If she refuses court-ordered parenting time with the kids then you must bring her to Court for Contempt to stop such behavior.

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  • Can I file for a divorce in a state I no longer live in but my wife still lives in?

    I married my wife in 2013 and we lived together the entire time in Massachusetts. We have no kids and no jointly held anything. Our marriage fell apart after a couple of years and in February 2016, I moved to Maine. My wife still lives in Massachu...

    Kenneth’s Answer

    Yes MA. That is where breakdown of marriage occurred

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  • Would my husband be forced to pay child support past 18 in Massachusetts, when the mother first filed in Minnesota?

    This woman took my husband's child out of Minnesota when he was two years old, filed child support immediately, and was awarded $1,200.00/month through the Minnesota system. (They were never married, but she changed her last name to my husband's....

    Kenneth’s Answer

    Child support stays in MN and governed by MN law

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  • How can I get my court ordered visitation?

    I went to court to get scheduled visitation and was given every other weekend but now after the judgement was made the mother doesn't care about getting my child to me on my weekends she puts everything and everyone ahead of my time I just want to...

    Kenneth’s Answer

    She is in Contempt of the Judge's Order to allow you visitation. If you need to hire an attorney to compel her to follow the Judge's Orders, then she will also pay your reasonable attorney fees

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  • What does the law require if I have a merger clause in my divorce nisi which is very ambiquous and loosely structured ?

    My divorce was finalized in 2011, unfortunately I have a Merge clause .My ex knew my mom is elderly and believes my financial situation will dramatically improve when she dies. My mother is still alive close to ninety. Let's say I inherit 15...

    Kenneth’s Answer

    I agree with t he answers you received about property distribution, but the inheritance could have alimony consequences. Spend an hour with an attorney.

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  • Can someone living in a different country file for and get a divorce in Massachusetts, where his wife lives?

    A friend of mine lives in Chile. He wants to divorce his wife who lives in Massachusetts, but he has not intention of ever coming back to the U.S. They were only married for a few years and have no children. Can he hire an attorney from Massachus...

    Kenneth’s Answer

    Depending on how long he has been back to Chile and depending on his earnings and property holdings in Chile in addition to other considerations such as children, he may not want to file in MA and subject himself to the jurisdiction of the Court. Your question asks "can he?" but the real question is "should he?"

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  • How I argue for more than a fifty share of marital assets and how much more should I ask for?

    I'm 61 years old and my 53 year old wife is divorcing me after 14 years of marriage. I am on SSDI and because of my disability have not worked for the past 3 years - it is doubtful that I will ever work again. My wife is young, well educated and h...

    Kenneth’s Answer

    Are there any children? How much does she earn? What are her expenses? This forum is not the place to answer in depth questions like you have raised because too many factors must be weighed...If you do not already have an attorney you should hire one right away..

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  • In a chapter 13 plan do you pay back the entire mortgage amount in 5 years or the delinquent amount?

    I have a mortgage for 120000. I am behind 15000 and the bank is foreclosing. Im thinking of filing chapter 13. Would I have to pay back the entire 120000 in 5 years? I dont think I could afford that. Or would I pay the delinquent 15000 over 5 year...

    Kenneth’s Answer

    Filing the Ch 13 would stop the foreclosure. Then you file a plan with the Court stating that you can pay the regular monthly amount (including escrow) and will also pay the arrearage amount over the course of the Plan. In some cases, if the value of the home is less than the amount owed on the mortgage you can pay the whole thing off over the plan, but no more than 60 payments (5 years) which may be unaffordable - but private lenders may be interested in making a deal.

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  • Can my ex who claims he now has PTSD get a chance to lower his weekly support payment?

    I currently have a child support order standing and my ex continues to find anyway possible not to pay. He is now claiming that he has PTSD and is in an all-day in patient program so he is unable to work. His current order is 75/wk for 2 kids and ...

    Kenneth’s Answer

    Whether he has PTSD or not is not relevant...can he earn money to support his children?...there are many people with PTSD who remain gainfully employed....I would recommend you spend some money on an investigator to record your ex doing everyday things which will allow you to then argue he can work...if anything, he should pay more than $75/week for 2 kids!

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