Legal Question in Family Law in Massachusetts

Can I get divorced and can I make him pay me back?

My husband and I have been married for about 3 years now. There were some issues between myself and his family and the situation got progressively worse, to the point that one day a few months ago, he left the house and took EVERYTHING. We rented an apartment and had a car (which he took) and I haven't heard from him since. I need to get divorced to move on with my life. I don't know exactly where he's at now, but I could find out the address where he lives. Can I still get divorced on my own? Could I have the court order him to pay me for my fees and for everything else he took? Any ideas will be appreciated.


Asked on 8/19/08, 1:53 pm

4 Answers from Attorneys

Jane McGowan McGowan Legal

Re: Can I get divorced and can I make him pay me back?

You can file for divorce, and at the same time if you do not have an address for him , you can ask the court to allow you to serve him the complaint for divorce through publication. that means that you can publish the notice in the paper. If you can get an address this would be an easier and quicker solution to have him served.

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Answered on 8/19/08, 2:23 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Can I get divorced and can I make him pay me back?

You can certainly get divorced. Service by publication is possible if he has truly hidden himself, but he can probably be found.

The divorce process includes equitable division of assets band debts. This would be a goal, of course, especially since he seems to have taken everything you bought together. However, I am always realistic with my clients -- sometimes the cost of a "fair fight" exceeds the value of the material at issue. I can't assist you in assessing this without knowing what's at issue.

I would be glad to consult with you further, and can be contacted at my website. I have an office in your area.

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Answered on 8/19/08, 2:56 pm

Re: Can I get divorced and can I make him pay me back?

you can file for divorce and request service by publication if you can not find an address for him. It would be better to serve him.

As part of the divorce you can seek return of joint property or compensation for it as well as fees.

I suggest you hire an attorney to assist you. If you fear he will retaliate physically you can get a protective order.

If you need assistance, plese feel free to contact me.

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Answered on 8/19/08, 4:56 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Can I get divorced and can I make him pay me back?

You can file for abandonment.

You can ask the court, but usually given the shortness of the divorce, it is unlikely.

However, you can seek an order for property division, that could include the items that he removed.

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Answered on 8/19/08, 9:39 pm


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