Legal Question in Family Law in Massachusetts

Re: Violation of Divorce Decree

You are able to bring an action for enforcement of the divorce order. However, in that your right to relief is very fact dependant I would advise to consult an attorney to determine how you should proceed.

Re: Violation of Divorce Decree

You would have to motion the court to enforce an existing order, that being the divorce decree. If you need help, you can email me at [email protected].

Re: Violation of Divorce Decree

This is not a simple matter. You should seek an attorney versed in both family and estate (probate) law. The two fields do not always intersect completely (I handle divorce and other family matters, but do not generally probate estates, for example). Your claim will have to be asserted against the estate, and may involve a question of constructive trust. You may also have to determine what the insurance company knew or should have known regarding the order, though the insurance company is likely innocent of wrongdoing in this. You probably will need to make a claim against the estate, perhaps even opening one involuntarily, to force the "widow" to provide you with what is due under your divorce decree.

An honest practitioner needs to read your Massachusetts Separation Agreement/Judgment of Divorce first, and then look to what assets may be available in the estate for enforcement.

If you require assistance, please feel free to contact me.

Re: Violation of Divorce Decree

You need to make a claim against your former husband's estate and you should do it very quickly if it isn't too late already. Usually estates have claim deadlines so you really need to see an attorney right away. Since your divorce decree is a final judgment, the probate court can recognize it. You may also have to file something in the former divorce case as well.