Legal Question in Family Law in Massachusetts
Divorce/Protection order
I wish to divorce my wife. We cannot get along on any issues, there is argueing to the point of her getting physical with me even if I leave. This is both are second marraige and it is not working and she refuses to be reasonable about anything. My questions are.
1)What are my responsibilites for her daughter my step-child
2)Can I get a restraining order agaisnt her because of her unpredictable behavior? to the point of me being afraid as to what she may do.
Thank you
2 Answers from Attorneys
Re: Divorce/Protection order
1) As to the responsibility to your step-daughter, it depends! Without knowing if you have been supporting her for years; whether her father is in the picture, etc. Without knowing the factors there is no way to give you a simple anser.
2)You can absolutely file a 209A Restraining Order if you can prove to the court you are in fear.
Please look up Massachusetts General Laws 209A (the statute was too big to fit here). The statue provides you with all the elements, factors and remedies. Good luck!
Sincerely, Maria Murber
Re: Divorce/Protection order
Retain an attorney to file a complaint for divorce immediately, which will automatically impose mutual restraining orders once she is served. You should have no legal responsibility to support your step-daughter unless you have adopted her or in some way prevented her biological father from supporting her. Good Luck!
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