What is next step now that trial is over?

[chiswick]

Massachusetts
Will the judge issue an order for my wife to vacate in final divorce decree? We both are still in marital home.

We have not been able to come to settlement. We had a two day trial finish this month. Judge wants us to deliver our proposed judgments to her next month. We weren’t even asked for closing argument by judge.

Wife is still claiming and threatening to bring irrelevant things up to the judge and is saying she will occupy the house all winter. As far as what my attorney tells me the trial is over.

I believe once judge issues final decree she will have to leave when I buy her out and judge will determine when she has to.

Am I correct?

ps: Judge took all of my Dads and sisters assets off table after their testimony. No marital assets before or after marriage was part of their estate.

 

[justalayman]

If there is no settlement, nobody will be ordered to move out.

It sounds like the only thing that is over is the issue of whether you are still married or not. Until a settlement is agreed upon and approved by the courts, it reallly isn’t over. Anything is possible regarding what happens to any of the assets of the marriage


Once the settlemt agreement is blessed by the court you will likely have to request an order she vacate. Until the settlemt is entered the courts will see that that home is co-owned which means until a property settlement is reached, they don’t know that it will become your property.

 

[Just Blue]

Massachusetts
Will the judge issue an order for my wife to vacate in final divorce decree? We both are still in marital home.

We have not been able to come to settlement. We had a two day trial finish this month. Judge wants us to deliver our proposed judgments to her next month. We weren’t even asked for closing argument by judge.

Wife is still claiming and threatening to bring irrelevant things up to the judge and is saying she will occupy the house all winter. As far as what my attorney tells me the trial is over.

I believe once judge issues final decree she will have to leave when I buy her out and judge will determine when she has to.

Am I correct?

ps: Judge took all of my Dads and sisters assets off table after their testimony. No marital assets before or after marriage was part of their estate.

You should discuss this with your attorney.

 

[chiswick]

If there is no settlement, nobody will be ordered to move out.

It sounds like the only thing that is over is the issue of whether you are still married or not. Until a settlement is agreed upon and approved by the courts, it reallly isn’t over. Anything is possible regarding what happens to any of the assets of the marriage


Once the settlemt agreement is blessed by the court you will likely have to request an order she vacate. Until the settlemt is entered the courts will see that that home is co-owned which means until a property settlement is reached, they don’t know that it will become your property.

Massachusetts
Will the judge issue an order for my wife to vacate in final divorce decree? We both are still in marital home.

We have not been able to come to settlement. We had a two day trial finish this month. Judge wants us to deliver our proposed judgments to her next month. We weren’t even asked for closing argument by judge.

Wife is still claiming and threatening to bring irrelevant things up to the judge and is saying she will occupy the house all winter. As far as what my attorney tells me the trial is over.

I believe once judge issues final decree she will have to leave when I buy her out and judge will determine when she has to.

Am I correct?

ps: Judge took all of my Dads and sisters assets off table after their testimony. No marital assets before or after marriage was part of their estate.

We have agreed that I will buy her out of the house, the only thing that we have not agreed upon is the amount of alimony and medical insurance. The judge will be deciding on that.

 

[HighwayMan]

Why are you asking a bunch of strangers in an online forum when you have an attorney who knows all the details of your case and should be able to answer any question you have?

 

[HRZ]

For federal tax reasons you should be talking with your attorney to be sure the alimony order is entered before YE 2018

It is unlikely you can maintain EX on your employers health insurance

 

[stealth2]

It is unlikely you can maintain EX on your employers health insurance

Although he can be ordered to provide it privately.

 

[HRZ]

Before you go down any private pay health coverage road have a long discussion with your attorney about taxes.

As an aside tenants have piles of rights in MA .....do not convert an ex to a tenant absent your attorneys written blessing.

 

[HRZ]

Apparently in MA your employer can be ordered to continue medical coverage for an ex ...but details matter...review with your attorney

 

[justalayman]

We have agreed that I will buy her out of the house, the only thing that we have not agreed upon is the amount of alimony and medical insurance. The judge will be deciding on that.

If it isn’t written down in the signed and court blessed settlement agreementt is subject to change any time either of you decides to change it.

 

[not2cleverRed]

Massachusetts
Will the judge issue an order for my wife to vacate in final divorce decree? We both are still in marital home.

We have not been able to come to settlement. We had a two day trial finish this month. Judge wants us to deliver our proposed judgments to her next month. We weren’t even asked for closing argument by judge.

Wife is still claiming and threatening to bring irrelevant things up to the judge and is saying she will occupy the house all winter. As far as what my attorney tells me the trial is over.

I believe once judge issues final decree she will have to leave when I buy her out and judge will determine when she has to.

Am I correct?

ps: Judge took all of my Dads and sisters assets off table after their testimony. No marital assets before or after marriage was part of their estate.

I do not think that the judge is a contributing member of this forum. And even if s/he were, it would be a violation of ethics to respond here.

That is my snarky way of saying, when the judge issues the decision, then you'll know what the judge has decided. We are only privy to your version, whereas the judge has heard the arguments of both sides.

It has been my observation, based on my MA relatives cases, that a person who lacks the income and credit to refi and pay the mortgage in their name is going to be out of the house.

However, it ain't over until you have an official copy of the final decree in your hands.

On the up side, once you've got that and this is behind you, you'll forever laugh at those silly people who say things like "We're practically divorced, we just haven't [done the paperwork]."

 

[Just Blue]

Again...OP has an attorney.

 

[chiswick]

If it isn’t written down in the signed and court blessed settlement agreementt is subject to change any time either of you decides to change it.

Yes understood thank you!

 

[HRZ]

Based on your other posts things are far from over ....at least wait until you see the actual written decision