Legal Question in Family Law in Massachusetts

refusal of divorce

what my rights to refuse my cheating husband of a petition for

divorce, and what are the conseguences for and my children?


Asked on 12/18/08, 9:25 am

4 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: refusal of divorce

You cannot deny your husband a divorce. You should speak with an attorney immediately to make sure that your rights are protected.

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Answered on 12/18/08, 10:03 am

Re: refusal of divorce

No one can be forced to stay married in Massachusetts. Seriously, that only happens south of the Mason-Dixon line. The "consequences' for a divorce are determined on a case-by-case basis, meaning that each circumstance is different. There will be issues to decided either by the parties or the courts that will include: custody of the children (who will they live with most of the week?) and visitation (who will they live with less of the week?); a division of marital assets and marital debts; alimony (if applicable); health insurance; life insurance; etc. etc.

You should speak to a lawyer before you sign anything, and remember that his lawyer cannot represent your best interests... their is no such thing as "our lawyer" when it comes to divorce.

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Answered on 12/18/08, 10:06 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: refusal of divorce

He will get the divorce on a contested basis, and the courts will work out appropriate terms for care, custody, visitation, property division, and support. Affairs are only one aspect of property terms, and generally do not affect child support, care, custody, or visitation.

You should engage an attorney and get good advice.

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Answered on 12/18/08, 10:16 am

Re: refusal of divorce

You cannot stop the divorce. Cheating may go to the amount of alimony or property you get in the settlement.

I suggest you contact an attorney at once to protect your interests. If there is a religious issue with respect to the divorce, that will be part of the negotiation as well.

Please feel free to call me if you have more questions.

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Answered on 12/18/08, 11:15 am


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