Subscribe

Massachusetts Complaint for Contempt – Serve that Summons!

Many times a case gets dismissed for failure to provide adequate notice to the other party that a complaint has been filed.  This is because the the other party has a right to be given notice of any actions taken against them or that they are named in a proceeding.  So, when you file a Massachusetts Complaint for Contempt, you are given a summons by the Clerk’s Office. That summons tells the defendant that a complaint has been filed against them and that they are required to appear at a hearing. As the plaintiff in the matter, it is your responsibility to serve that summons to the other party, along with a copy of your complaint. So, how do you do this?

You will need the other party’s address, of course.  At that point, you can simply contact the local sheriff’s department, which are organized by county, and arrange with their “civil service” department for service of the complaint.  There may be a fee for this.  Be sure to do this as quickly as you can and alert the sheriff’s department of the pending court date. Many courts issue dates within a month or so of the summons date.  You want to give the other party plenty of notice to appear.

It’s as simple as that!  Complaints for contempt or modification can often get more complex.  Contact our office and we can provide you with the guidance to resolve your case.

Blanchette: Case on Appeal

Recently the New Hampshire Supreme Court overturned the conviction of Ernest Justin Blanchette, a former deputy sheriff charged with sexual assault of an inmate during transport from the Belknap County jail to the state prison for women in Goffstown. This case shows...

Massachusetts: The Alimony Reform Act

A recent hot topic in family law is alimony. I’m sure a lot of you have heard of the proposed legislation known as the Alimony Reform Act. This Act aims to define, clarify and guide the Courts, and the litigants, regarding certain aspects of alimony. Amongst other...

What Does Full Disclosure Mean for My Divorce?

Each litigant involved in a paternity or divorce action is required to complete and submit a form to the Court, and the opposing party, must provide “full disclosure" of your financial information.  In Massachusetts it is known as a financial statement.  In New...

Making an Appeal in Massachusetts

Update: In recent news, Avery's attorneys have submitted a number of appeals documents.  Several of these have been denied, however it appears one or more of these are still winding their ways up through the Appeals Courts.  Brandan Dassey, however, may have exhausted...

Annulment: Legal vs Religious

Annulment:  Legal versus Religious – an important distinction In the past  I wrote an article about annulment in each state:  Massachusetts and New Hampshire.  As I wrapped up the last article, I realized that I should discuss just one more point about annulment that...

Parenting During COVID-19

How do I handle parenting time during COVID-19 and a stay-at-home mandate? The world is abuzz amidst COVID-19 and daily life seems to have changed for most of us. In fact, it's continuing to change on a regular basis.  This is a new situation - one that we have never...

Topics You Should Discuss With Your Divorce Lawyer

Hiring a divorce lawyer is the first important step in a long list of your divorce. Once you retain a lawyer it is vitally important that you communicate openly and honestly with her.  She is there to to advocate for you to get the best solution for your situation. We...

Who is Using Your DNA?

Who is using your DNA? If you have watched any television recently, you may have noticed an increase in the DNA profile commercials.  You know the ones – “I thought I was from Italy, but turns out I am mostly Scottish” and they promote that you can also learn your...

Estate Planning in Detail

Since estate planning is on my mind this week, I decided to feature a series of blogs that will give information about the many areas of estate planning in detail.  With these general guidelines and information, it is my hope to lessen the stigma of estate planning so...

Child Support: Two Part Series on Common Issues – Intro

Certain questions become very common in the practice of divorce and parenting.  Particularly with the commonality of changing jobs more often than in the past and second marriages and/or new relationships post-divorce, issues rise that may not have been an issue many...

Child Support and Attribution of Income

I hear this statement a lot (more out of frustration than anything else):  “You can’t get blood from a stone. I will just quit my job and she won’t get any support!”   It sounds like the perfect move in theory.   Too bad that it is not true!  Child support and...

What qualities do I look for when hiring an attorney?

Choosing an attorney is not a simple process. Do your best to make a good decision at the outset of your case and you will win in the long run with a respected advocate on your side and confidence in every decision that you make along the way. Generally speaking, you...

How do you defeat a prenuptial agreement? (The Bobby Flay Story)

How do you defeat a prenuptial agreement? I’m sure that you’ve seen the latest celebrity news scandal about Bobby Flay and his wife, Stephanie March: Bobby allegedly cheated on her with various women and has now filed for divorce (just after being thrown out of the...

2021 Update! Still Missing – Maura Murray

March 2021 Update: For those of you following this case, you are probably aware of Tim & Lance's podcast, Missing Maura.  For years, the podcast was its own entity.  Over the years, they began highlighting other cases as well.  To learn about Maura's case, there...

Save Money During Divorce

How to Save Money During Divorce Gather/organize/prepare. During the process, there will be requests for information and documents. When you receive these, take the time to gather everything, organize it and prepare it in accordance with your attorney’s directions.  ...

Can I Stop Him From Selling Our Home While Child Is Still in School?

Question: My husband moved out of our home two years ago and moved in with another woman. We have guardianship of my granddaughter who will be graduating from high school in 2018. she is going to be going to college after she graduates. My husband said that as soon as...

Statutes, Retrials & Double Jeopardy

If you have seen the news this week, you may have noticed that actor and comedian Bill Cosby is back in court over charges of sexual assault.  While that may not be big news, the overall landscape regarding his crimes is big news.  His alleged crimes, the way they...

West Memphis 3 – Reopening of Original Murder Case

UPDATE April 2020: Oxygen Network aired its long awaited show about this case.  It featured Bob Ruff's Truth & Justice working with famed former FBI profiler Jim Clemente and others to re-start an investigation in a manner they believe it should have been done...

How to Complete a Financial Statement

One of the biggest concerns in family court is the creation of a financial statement (or in New Hampshire, a financial affidavit). I see clients stress day after day about the information to include, the necessary documents and the mandated disclosure. Here are some...

Parenting Your Special Needs Child

Penny and Zach had a stormy relationship from day one.  They argued over food, traveling and holidays.  After they were married, they could not agree on anything except their child's name.    When Baby Levi was 3 and still behind developmentally, Penny sought out...

How to Survive the Holidays During Divorce

The holidays are a time for family.  It's supposed to be a time to look back and reflect on those wonderful memories together.  When you are in the midst of a divorce, or you’ve recently completed the divorce process, it's not always easy to recall those happier...

Divorce and Drama…oh the Drama!

We laugh about it when we see it on TV.  We shake our heads in disbelief when our friends tell us about it in their lives.  But suddenly, you find yourself in the midst of a divorce and right smack in the middle of a real life reality drama series just like those made...

Post Divorce Parenting: Helping Your Child Succeed

Life for a child of divorce can feel like a war zone. They often feel torn between two people who have completely different opinions and different life styles. The rules can vary from household to household which leaves the child with a sense of confusion and anger....

Keep Your Divorce A Private Matter

You have probably seen it in the news.  Johnny Depp and his wife are divorcing.  You may have even searched for details of the settlement.  After all, he's bound to be worth millions (or more!?)!!  How are they going to split that vast estate?  Well, you may have...

Fight For Your Right – For Child Support

I get calls from clients on a regular basis who ask me if they should "go after" child support.  Some clients are preparing for a divorce, some are previously divorced and others are parents who were never married.  There are a couple of things to point out here. If...

Physical Custody

Series Part II - Physical custody/Residential responsibility Often people come to me and want “sole custody” of their child.  I wrote last week about sole legal custody (MA) and decision making (NH).  This article will continue that series discussing  physical custody...

Estate Planning: Planning Ahead

Nobody wants to think about their death. It's unpleasant no matter how you look at it.  However, planning ahead is more than simply dividing up your worldly assets.  It can ensure that your children are cared for by the person that you prefer. Planning ahead can...

Massachusetts: Parent Education Program Attendance

All parties to a divorce action in which there are minor children, are ordered to attend and participate in an approved Massachusetts Parent Education Program. This requirement applies to divorces brought under Ch. 208 §1 (fault divorces); and Ch. 208 §1A and §1B...

New Hampshire: The First Appearance

    You’ve filed for divorce and you’ve received a notice that you must attend something called a First Appearance. So, what is this?     If you are a party to a divorce action, and you have children of the marriage that are...

Can I stop paying my child support without going to Court?

Often things happen that makes a parent think that they are no longer required to pay child support. A daughter joins the military. A son drops out of college. A child graduates high school and is going to college part time and working part time but still living with...

What does Child Support Cover: Medical Bills

We are continuing the series about Child Support and the things it covers.  This article will focus on expenses incurred that are outside the actual child support payment but perhaps still required by the court as a form of supporting your child.  Our previous article...

When Children Take on Parenting: After Effects of Divorce

The son of recently divorced parents finds Mom crying in the kitchen.  "What's wrong, Mom?" he asks.  "Your Dad doesn't love me.  He has a  new girlfriend. How could he do that to us?"  The boy is angered and hurt.  He hugs his mother as she cries.  He consoles her in...

Can my parents get their money back that they loaned us when we got married?

My parents lent my husband & I money while we were married. I now want to make sure that they get their money back during our divorce. Can my parents get their money back that they loaned us when we got married? Maybe. If your parents lent money to either or both...

The Importance of an Appeal

Aaron Hernandez, famed football player who was convicted of murder and later, committed suicide has, once again, been in the news.  You may recall that before his death, his murder conviction was working its way through the stages of the Appeal's Court.  Aaron...

Myths of Divorce

If you are considering divorce or even in the middle of one, it's critical that you are receiving good advice.  Advice from family and friends may seem helpful but can lead you down the wrong path.  Tips from the bar around the corner are even worse and sometimes...

Visitation: Part 1: What happens if a parent never shows up for visitation?

     While you hate to give up time with your child, you know that the visitation with his other parent is good for their relationship, can be a very positive thing and (let’s face it) is a little break for you. Even if you don’t look forward to that time when your...

Can an Attorney Represent Both Parties in a Divorce

I receive calls frequently from potential clients who are seeking an attorney to counsel the parties, together, for a divorce. This happens for a variety of reasons. You want to save money. You feel as if you are in agreement on many of the issues. You want the...

Getting a Divorce Without Notifying the Spouse

The heading reads: "Man Got Divorced Without Ever Telling His Wife, Police Say".  (https://www.wmur.com/article/man-got-divorced-without-ever-telling-his-wife-police-say/29101534).  That title holds a lot of information.  Just reading the first part of the title,...

My husband filed for divorce and tells me I have to leave. Do I?

Question:  My husband filed for divorce. He had me served with the papers at my office. I did not know this was coming and he tells me I have to be the one to leave our home – with our children! He says this is his home. NH: Do not leave your home. You don’t have to...

Am I Going To Jail for Shoplifting?

Many times I speak to a new client that is charged in a criminal case and their main concern is “am I going to jail?”   That is a logical question when you commit a criminal act.  It is entirely dependent on a number of key factors. Let me guide you through the...

Massachusetts Contempt: Need to Know

 Massachusetts Contempt: What is it? How do I address it? What are the remedies? I hear people use the word “contempt” all of the time, but there is a lot of confusion about contempt and what to do about contempt. Here’s more information about this issue. What is it? ...

2017 Child Support Guidelines – Overview

As most of you know, the new version of the child support guidelines has now been released and were effective beginning September 15, 2017.  Every four years, a task force reviews input and issue regarding the guidelines, making changes to accommodate problematic,...

I missed my (criminal) court date! What do I do?

You’re going about your day and suddenly realize that you were supposed to be in court. Last week. You thought it was next week, but it was actually last week. Oh no! What do I do!? First, understand that you are in default and a warrant has likely been issued for...

Do I Need a Holiday Schedule?

Question: Do I need a holiday schedule in my parenting plan/divorce agreement? I see this question a lot in my practice, particularly where the parties seem to be working together and getting along well during the time that they are drafting an agreement.  We can work...

Five Tips for Attending Court

Often I am asked "what do I wear?" or "is there anything that I need to know about going to Court?" Below are tips for attending Court that I find rather useful. 1. Dress appropriately. It is not necessary to wear a suit or formal outfit to Court. Wear an outfit that...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

Should You Date Before Your Divorce Is Final?

You filed a Complaint for Divorce and are ready to move on with your life. Should you date before your divorce is final?  Can dating someone hurt you while you are going through the divorce process? Could dating hurt you at all? Although it is always best to wait...

What Happens If a Spouse Dies During Divorce

Over the past few days, we’ve seen a “celebrated” story that reminds me of a topic that arises every so often within my practice.  Have you seen the stories about Lamar Odom fighting for his life after being found unresponsive earlier this week?  The media reports...

Delphi Murders Update

Update: As family works to keep this case in the media as much as possible, there are also many online communities working tirelessly to assist that effort.  One person who has worked on Abby & Libby’s case since day 1 is Gray Hughes*.  He has created a detailed...

Is It Safe To Leave an Abusive Marriage?

A co-worker, "Pat",  confides to you during lunch one day that her "marital bliss" has all been a sham and that she thinks she has just learned to accept her husband's abusive behavior.  All of the stories she shares at work about her family are lies and have been for...

Pin It on Pinterest

Read previous post:
Five Tips for Attending Court

Often I am asked "what do I wear?" or "is there anything that I need to know about going to...

Close