Legal Question in Family Law in Massachusetts

Re: Common Law divorce and fidelity

My office is presently handling similar issues to what you raised. First and foremost, if you are going through a divorce or planning to divorce, you should consult with counsel. The division of marital assets should not be one sided. Child custody and visitation will be based on the "best interests of the child" and any factors that impact this are relevant and can be used. Please contact me if you wish to discuss the particulars of your divorce.

Re: Common Law divorce and fidelity

If you are not married, then there is no division of property done by the court. Whoever holds title to the house owns the house, etc. If you are married, there is a division of property that the court engages in, based on quite a few separate factors, set out in the law. Fidelity of the parties usually does not come in to play in dividing the property, unless he is spending inordinate amounts of money on his mistress, diverting them away from the marriage.

His Bi-polar disorder may have a great effect on custody and visitation. This can be a very serious disorder where one's personality can change quickly. It can be associated with violent acts as well. I have read extensively on bi-polar disorder for a case I had several years ago, and I believe that anyone with even a moderate case of bipolar disorder should not have custody of a child. These patients, as well, often are not compliant with their medications. It is the nature of the disorder.

If you are worried about him taking things when you leave (presumably you will be leaving with your child), you should try and take those things you believe are yours and those things you believe you are entitled to. If you initially leave everything in the house, it's difficult to get those back later. The house itself may be divided by the court, again, depending on many separate factors, the least of which is fidelity.