Legal Question in Family Law in Massachusetts
Divorce Laws
I am in my fifties, I have been legally blind for most of my life. I have been married for 24 years. I never took advantage of disability support from the government. I worked at what I do and as a result work 20 hour days and am supporting three children and a wife who never worked full time. I am over my head in debt and my wife wants a divorce and is pushing the idea that I am not giving her all I use to.
I just began to say No as my health and eyesight is getting worse and I have to slow down. Are there any laws that would protect me from this event. I prefer to live a lone and support my children ages 19, 17, 15 through college etc. My wife harasses me constantly that I do not make enough money for her needs. I work seven days a week and use public transportation , my wife has a new care I pay for and refuses to get up to take me to meetings or places I need to be.
What is your opinion?
Thanks,
John
2 Answers from Attorneys
Re: Divorce Laws
I am sorry to hear that you are not feeling well.
I am not quite sure if you are asking whether or not, you can stop the divorce? You can contest it if she files, but the fact is, your wife has a legal right to seek a divorce, this is a free country. You also have that right. You also mentioned that you wanted to live alone. Are you saying that you want to get a divorce but wish to seek custody of your children? Feel free to email me with a more clearer picture of what you are seeking for advice. Sincerely, Maria Murber
Re: Divorce Laws
You cannot prevent your wife from getting a divorce. Given the length of the marriage, she will be entitled to alimony, at least for some period of time, and to child support. The amount of child support is set in the Child Support Guidelines which you can find online or at your local county probate and family court clerk's office. The alimony amount is not so neatly calculated. Mass. General Laws chapter 208, section 34, available online through www.mass.gov.
If the children are living at home, the child support will be payable to your wife. If the 19-year-old is living on campus or in his/her own apartment while attending college, the support money might be sent to the child.
Massachusetts offers a lot of benefits to blind persons beyond disability benefits. You can find the Mass. Commission for the Blind in the telephone directory or online.
It sounds like you both have issues you are not talking to each other about, and both feel taken advantage of. You may want to try counselling, and try to find someone who both of you feel is fair and trustworthy (you may have to go through several counsellors before you find someone who fits the bill).
The debts can be handled by bankruptcy, which you may want to file before the rules change on October 17, 2005.
Chapter 7 filing fee now: $209, after Oct. 17, $294; my fee now: $750, payable in two $375 payments, after Oct. 17: $950 plus the costs of debt counselling and investigation of information provided as required by the new law. Divorce: filing fee $215, my fee, $800 for an uncomplicated divorce.
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