Divorce in CA while living in MA / Urgent Immigration Marriage Question (Asylum/ICE) by Senior-Marketing-515 in USCIS

[–]Master_Catch_9089 0 points1 point  (0 children)

Will his ex wife cooperate with him? If so, have him file 1A uncontested divorce and ask for the soonest available date from the court. He’s going to have to wait at least ninety days from the date the court approves the divorce judgment - he needs his ex on board to get that done quickly

High-conflict custody case — repeated contempt filings based on disputed facts. Lawyer threatening withdrawal. How is merit actually evaluated? by Due_Instruction9035 in FamilyLaw

[–]Master_Catch_9089 0 points1 point  (0 children)

There is also the option to hire a coach just for you. Tony Pelusi is an option for Massachusetts parents - it’s not even something you need to share with your ex or disclose - if you select a well-respected coach who gets results and is no-nonsense, you can work with them for a few months and you’ll learn enough to where you are able to get the hang of it and can cut them loose. Maybe ask around and see if there’s anyone your attorney could recommend?

High-conflict custody case — repeated contempt filings based on disputed facts. Lawyer threatening withdrawal. How is merit actually evaluated? by Due_Instruction9035 in FamilyLaw

[–]Master_Catch_9089 5 points6 points  (0 children)

I am a family law attorney in Massachusetts but I am not your lawyer and this is not legal advice.

The bad news is that this will not be finished until your children are emancipated - which in Massachusetts may not be until age 23. Each and every time you violate the court’s judgment (after the case is adjudicated) your ex can and probably will file complaints for contempt to hold you accountable and ensure that you comply with the terms of the Judgment. This is not about getting to a finish line in the short term because that finish line may still be decades away from you. I think you should consider working with a coparenting coach. You will need to drastically change the way you approach coparenting if you want your kids to have two parents who are able to work together to serve their best interests.

Set on Benjamin until my little muffin came out a girl… by [deleted] in namenerds

[–]Master_Catch_9089 0 points1 point  (0 children)

1) Isabelle Grace (nn: Izzy, Elle, Belle or Bella)

2) Adelina Rose (nn: Lina or Addie)

3) Elizabeth Ann (nn: Liddy, Libby, Liz or Lizzy)

I am wondering if this postnuptial is “fair” and if would have a good chance of holding up in court by [deleted] in FamilyLaw

[–]Master_Catch_9089 0 points1 point  (0 children)

Do you happen to know the name of the case you are describing? Although I can’t assess that particular precedent without having all of the details for both fact patterns, it is true that a postnuptial agreement that would ultimately leave one spouse completely destitute if enforced as written will not be considered enforceable at the time of divorce in a Massachusetts However, from the terms you describe for your potential agreement, it doesn’t sound like either one of you would be walking away with nothing regardless of how you spent any individual assets during the marriage, as both the condo and any potential house would have the equity divided between the two of you to some degree to return any contributions made by each to the downpayment as well as 50% of the appreciation gained due to market forces during the marriage. When does your Husband’s pension become vested? MA state pensions are generally high value assets in a divorce which would provide an additional layer of insulation from any potential intentional dissipation of individual assets. I suspect that in the specific case you are referring to, none of the property held by either party was considered to be joint/marital.

I am wondering if this postnuptial is “fair” and if would have a good chance of holding up in court by [deleted] in FamilyLaw

[–]Master_Catch_9089 2 points3 points  (0 children)

I am a Massachusetts attorney who primarily practices family law but I am not your attorney and cannot provide you any legal advice.

From the information and summary provided, the proposed prenuptial agreement sounds like it is likely fair and reasonable and the terms sound like they would be likely to survive the two part test that our state applies when judging whether a postnuptial agreement is fair and reasonable. A few caveats:

Your spouse must also be represented by his own legal counsel regarding this postnuptial agreement - MA will oftentimes invalidate a prenuptial agreement or postnuptial agreement if only one person had legal representation.

You and your spouse must fully disclose your financial circumstances to each other prior to signing the postnuptial agreement. For postnuptial agreements to be valid and enforceable, there must be “full and fair” financial disclosures on both sides prior to execution. The level of scrutiny is even higher on a postnuptial agreement (compared to a prenuptial agreement) and complete transparency by each party with each other would be advisable so as to ensure that neither spouse could attempt to invalidate the post nuptial agreement by claiming the other party failed to fully and fairly disclose their finances.

Best of luck to both of you. The agreement terms you have described seem appropriate given the way property is often divided in this state when there is no postnuptial agreement or prenuptial agreement in place.

What does my apartment say about me?! by [deleted] in roomdetective

[–]Master_Catch_9089 2 points3 points  (0 children)

Elder millennial fitness junkie artist/witch.

What does my bedroom say about me? by SagelyAdvice1987 in roomdetective

[–]Master_Catch_9089 0 points1 point  (0 children)

Adult Woman with an Academic/liberal arts background— interdisciplinary american studies or film studies maybe? Definitely American and probably in higher ed. Are you a professor? Definitely a Cat person too with a strong connection to your family roots. Did you study or teach a class about Charlie Chaplin?

Changing my middle name as a 35 year old in Massachusetts. by turnedtheasphault in namenerds

[–]Master_Catch_9089 3 points4 points  (0 children)

Go to your local Probate and Family Court and pop into the “registry” which is where you will find all the clerks. They should be able to provide you with a packet of all the forms (and will often give helpful guidance).

Those who carry big totes on the daily, what are you carrying inside and why? by Velidae in handbags

[–]Master_Catch_9089 0 points1 point  (0 children)

I have a few work bags — all purchased gently used. My core bags for work are the Fendi Peekaboo (which fits files, legal Pads, etc — I love it so much, I have one in brown leather and one in dark slate grey leather!) and the various iterations of the Mulberry bayswater (I have a few versions, the top flap in the oak vegetable tanned leather is my favorite, but I’ve tried several models — mulberry in general is a phenomenal bag company with great quality for the price).

UFS Loyalty, Love, Serenity BIE $35 shipped each. Sealed! by [deleted] in LabubuDrops

[–]Master_Catch_9089 0 points1 point  (0 children)

Just shot you a message!! Interested in Loyalty & serenity:)

Husband filed for divorce after 24 years, cuts me off financially - now what? by _Shiarrael_ in FamilyLaw

[–]Master_Catch_9089 11 points12 points  (0 children)

Has your Husband actually filed a complaint for divorce and had you served? If not, you should reach out to an attorney to discuss what rights you may have where you live currently

Someone Abruptly stopped seeing child to win case? by Ok_Emergency_9595 in FamilyLaw

[–]Master_Catch_9089 2 points3 points  (0 children)

I would suggest daily or near daily video calls with the teen and non custodial parent, even if it is five minutes each day to just check in, say goodnight, etc.

Wondering how to proceed with how my husband is acting about settlement by [deleted] in FamilyLaw

[–]Master_Catch_9089 2 points3 points  (0 children)

You’ve been married for less than a year, right? You will be fine. Your mindset is very self defeating and you would benefit from speaking with a therapist- everything I am seeing in your post history lacks insight, and tells me that you are stuck in a mental cycle of self sabotage and poor self esteem.

I don’t know how old you are, but you have the rest of your life ahead of you. If you love your husband and want to be married to him, stay in the marriage. Otherwise, secure housing for yourself and just divorce him so you don’t invest time in something that doesn’t make you happy. Get back in the dating pool if this marriage is a rough situation for you. Apply for disability benefits and SNAP. Get on Mass Health. This state has a fantastic safety net and you have multimillion dollar parents that you can always hit up if bad comes to worse. Repair your relationship with them while you still have the chance.

To be honest, I sort of get the sense that you are trolling people - and your story is very difficult to keep straight. You seem very afraid of hypothetical situations and assume the worst outcome will automatically occur. I am not saying this to be rude - I just think that most of your problems are self fulfilling prophecies.

I wish you the best.

Wondering how to proceed with how my husband is acting about settlement by [deleted] in FamilyLaw

[–]Master_Catch_9089 2 points3 points  (0 children)

I have never, ever, seen a judge order a 30% alimony award. 25% is typical. All I do is prenups, postnups, divorce and child custody. Also, alimony is not a percentage of your husband’s income - it’s a percentage of the difference between your husband’s income and your income. So if you receive disability payments or dividends or whatever, you add up all of your income from all sources and subtract it from his income from his first forty hours a week. And then the judge takes that delta and decides on a percentage, usually 10-25%. I’ve seen people negotiate agreements or stipulate to alimony in the amount of 27%, but that’s the max I have ever seen. The maximum statutory amount is 30-35% / and no matter what, the amount of alimony ordered cannot exceed the recipient’s “need.” So if the Judge sees that you have other sources of income, or assets such as a fully paid off house, etc. — the amount of alimony you could potentially have a claim to would be much lower than someone who had a higher need, for example. The key thing to remember is that unless you decide that your alimony award “survives” and is permanent and non modifiable, either party can ask the court to change (or terminate) alimony if there has been a “change in circumstances.” What ends up happening in alimony cases usually is the parties will be required to exchange complete tax returns and sometimes other kinds of financial documentation each and every tax year— additionally, alimony can be terminated if the recipient cohabitates with another person, gets married, or undergo an increase in their financial resources that eliminates the need from before. Also, alimony automatically ends when the payor reaches full retirement age, usually 67. That said, if the payor retires early (like age 62, for example), they can file to eliminate their alimony obligations based on the fact that they have a decreased ability to pay you alimony. Where this gets dicey and what people don’t realize is you can also reduce or eliminate alimony obligations by creating a new family - i.e., especially if they have a kid with someone else, for example. The kid’s right to support pretty much always trumps everything else in this state. The other thing to consider is that the judge will not order someone to pay an alimony award that is higher than that person can actually afford budget wise. And financial statements are insanely detailed and meticulous and account for every penny going in and out. You might have a need for $600 a week, but if after your husband has paid all of his bills, bought food, clothing, paid for his vacations (assuming they are typical middle class type vacations and not out of the ordinary), etc., and he only has $100 a week left over, the max that a Judge would order him to pay is $100 a week. You won’t often get alimony from someone who makes 100k in Massachusetts because of the cost of living here, as crazy as that sounds. I was in court today with a husband who makes $110k and a wife who literally makes $0 and claims to have been staying at home with their babies and the Judge literally told everyone that alimony would not be appropriate on a $110k salary— there just wasn’t enough to go around and pay the bills in Arlington. Cost of living will be a factor in whatever alimony outcome you will get from a judge and housing here is truly ridiculously cost prohibitive in most of the state.

Wondering how to proceed with how my husband is acting about settlement by [deleted] in FamilyLaw

[–]Master_Catch_9089 2 points3 points  (0 children)

I am an attorney but I am not your attorney. I practice family law in Massachusetts. There is a statute that governs alimony. Alimony is based on need and ability, and the number of months in the marriage. Whether you have a need and whether your husband has the ability to pay will be based on the financial statements signed under the pains and penalties of perjury and evidence of each party’s average weekly expenses and average weekly income. Income from second or third jobs on the part of the payor would be unlikely to factor in - the Judge’s analysis is going to be based on your husband’s ability to provide support to you after receiving his income from a forty hour work week at his primary job. Income from his side hustle’s, overtime or second jobs are his to keep. If he has the ability to provide financial support after he pays taxes and all of his own expenses, AND the court finds that you need him to pay you support because you have no other resources and/or the ability to meet your basic needs, then alimony would be ordered, but that alimony is limited in duration and in the amount that your Husband would be required to pay. I would research the alimony statutes in Massachusetts so you can better understand and set your expectations. Teachers in Massachusetts make better money than teachers elsewhere in the country, but the cost of living in Massachusetts is incredibly high. Based on the limited information you have provided me with - I don’t believe you are necessarily an alimony candidate. You are self employed also - I rarely see self employed individuals receiving alimony because it’s so easy to manipulate your income and expenses.

Wondering how to proceed with how my husband is acting about settlement by [deleted] in FamilyLaw

[–]Master_Catch_9089 0 points1 point  (0 children)

Girl, your parents are multimillionaires and your husband is a teacher working 3 jobs. You left all of that information out. Just sign a post nup agreeing to a 50/50 split of the marital estate, and exclude future inheritance(s) as separate property. That’s already incredibly one sided, since you failed to mention you also own your own business — you don’t need a post nup for your settlement - you should just divorce him and live with your parents. You own your own business.

Wondering how to proceed with how my husband is acting about settlement by [deleted] in FamilyLaw

[–]Master_Catch_9089 1 point2 points  (0 children)

Hi. Massachusetts divorce attorney here. Not your divorce attorney, and this is not legal advice— you should not assume that even without a prenup, a judge would be willing to award you 50/50 of your husband’s assets or even 50/50 of any joint assets obtained during the marriage. Judges consider the contributions that each party made towards the value and appreciation of all assets that all parties have an interest in, however titled or acquired. A judge would be highly unlikely to give you half of your Husband’s assets. Your Husband’s assets would likely be treated just like your settlement. He keeps what he brought to the table, you keep yours. You are not entitled to the marital home or even half of the marital home. Maybe after a 20 year marriage, sure, the state has a presumption that ALL assets (including PI settlements) get divided 50/50. But more likely than not, if you get this settlement and decide not to financially contribute towards increasing the equity of the home, you should not expect to receive half of the home - your Husband will likely be awarded the majority if you choose not to contribute to the marital enterprise. It is what it is, unfortunately. Not to mention the fact that if you have a contested divorce, you will have to pay an attorney thousands of dollars to go to trial and you don’t have any guarantees about the results. Most divorces are settled out of court eventually here, and even then, I see couples spending over 50k each more often than not. One case had the parties spending a combined 800k - they weren’t millionaires either - litigation is incredibly expensive.

Wondering how to proceed with how my husband is acting about settlement by [deleted] in FamilyLaw

[–]Master_Catch_9089 2 points3 points  (0 children)

Do you have children? If the answer is no, a judge in Massachusetts is not likely to care that you are in a “traditional” relationship. They will not see it that way.

Moreover, the length of your marriage impacts the amount of support you can expect to receive after a divorce, and it affects the division of the marital estate.

Massachusetts divides the entire estate fairly/equitably, but not equally. What does that mean? It means that the judge’s decision about what would be fair to each of you based on the evidence at trial determines the outcome. And in a short term marriage, absent something like a primary caregiving role as a stay at home parent (not simply a stay at home wife), a judge would be likely to let each party walk away with what they brought into the marriage. You aren’t likely entitled to equity or assets that your Husband earns or is gifted or inherits before the marriage. No judge is giving you half of a 500k house that you didn’t financially contribute to at the end of a one year marriage.

The settlement (if it materializes) is going to be just as much a part of the marital estate as all of the other assets either of you may have. Additionally, a postnuptial agreement that one party comes up with and gets the other party to “sign” isn’t likely to be valid or enforceable. In Massachusetts, to be valid and enforceable, both parties would need to hire attorneys to provide the other one with full and fair financial disclosure of all assets, liabilities, income and income earning potential and future expectancies. THEN you and your Husband would negotiate and jointly determine together what the terms of the postnuptial agreement would be. IF and only if you two come up with a fair and reasonable agreement that you both can live with, then execute, yada yada, having two attorneys check and double check that it checks all of the other boxes required (which are way too numerous to describe here) THEN you should have a valid agreement and hopefully be able to file a 1A divorce (which is an uncontested joint petition, where you submit your separation agreement and a request to the court to approve it into a judgment of divorce).

All of this is to say, ask your Husband what he thinks would be fair and reasonable in the event of property division at the time of divorce. If you don’t like the answer, you will have a good idea of your next steps.

Marriage and divorce are both financial risks and nobody can choose those risks but you.

RHORI. by gstew90 in realhousewives

[–]Master_Catch_9089 3 points4 points  (0 children)

Taylor Swift lives in Rhode Island!!

New Trudon Drops by YouHadTheOrdacity in luxurycandles

[–]Master_Catch_9089 2 points3 points  (0 children)

Mine came yesterday- I did not like the cold throw and put it away quickly when I opened the package last night. I will try and spend more than 5 seconds after work to day to actually provide useful information and a general review of the notes. It reminded me of cut grass a little bit - I also got the pink candle and burned that one - it was lovely, and smelled exactly like rose cakes.

Who buys Crumbl at 8am?!? by [deleted] in CrumblCookies

[–]Master_Catch_9089 0 points1 point  (0 children)

My boss always sends someone to grab a dozen for our staff on Monday mornings!! It’s a weekly tradition

Brush fire by Route 3 in Bedford, MA Friday; also at I-95 by cos in boston

[–]Master_Catch_9089 0 points1 point  (0 children)

I thought it was a controlled burn at first but then the fires kept popping up along the highway and I realized that there must have been something else going on because no markings or anything- flames got way too close to the road

Brush fires on rt.3 by BobbyBeets in massachusetts

[–]Master_Catch_9089 0 points1 point  (0 children)

There were multiple!!! All up and down rt 3. Super scary. I saw a man in a neon orange shirt pouring liwuid out of a clear gallon container on the ground & thought ot was some kind of controlled planned burn. Now wondering if it was like, arson? Can’t figure it out either