Legal Question in Family Law in Massachusetts

My divorce agreement is about to expire. I''m supposed to refi. my house and pay my wife 20k. Not a problem, however it's taking longer than anticipated and will probably happen after the divorce agreement expires. What may be the consequences of this ? This is in Ma.


Asked on 3/03/11, 5:13 am

2 Answers from Attorneys

Laurie Martucci Wagner Law Associates LLC

If you do not refinance your house and pay your wife the 20k per your divorce agreement by the deadline indicated in your divorce agreement, you will technically be in contempt. This means that if your wife files an action in court for contempt against you to enforce the agreement, the court will order you to comply with the agreement, you will have to explain the delay, and if the court is not satisfied with your explanation, the worst consequences could be incarceration until you comply. So, to avoid this I would suggest that you file an action in court to get a modification to the agreement so that you can have more time to comply (hopefully you have a good reason for being late and she will agree to the extension). It would probably help your case if you can offer to pay a portion of the 20k now. Good Luck.

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Answered on 3/03/11, 5:28 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with Attorney Martucci. You are technically in contempt of your separation agreement or divorce decree. If you are in contempt, you can be made to pay your ex-spouse's attorney's fees or you can actually incarcerated until you comply with the order. My advice would be to take a proactive role in this so you are not viewed as knowingly and intentionally violating your divorce orders.

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Answered on 3/03/11, 12:55 pm


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