What to do about the obnoxious landlord?

Some landlords think that because they “own” the rental unit, they can make all sorts of demands on the tenant. They think that they can enter the apartment any time they want and not even knock. They think that they can monitor the tenant and constantly tell the tenant how to behave and act. A landlord who acts in this manner does not understand the nature of the landlord-tenant relationship.

A lease or a rental of residential property essentially makes the tenant the owner of the property during the tenancy. The landlord is no longer the owner of the property. The agreement between the landlord and tenant in which they agree that the tenant will rent the property gives the tenant exclusive possession of the real estate. This essentially means that the tenant is the owner. The ownership by the tenant is not as broad as other types of ownership of real estate. The nature of the landlord-tenant relationship is that both parties have duties to the other. The duties are established by law and by the contract between landlord and tenant. At a minimum, the tenant owes a duty to pay rent and the landlord owes a duty of quiet enjoyment to the tenant.

The covenant of quiet enjoyment in simple terms means that the landlord won't interfere with the tenant's quiet enjoyment of his property. The landlord can't enter the property any time he wants. The landlord can't enter without knocking. The landlord can't demand changes to the rental agreement after the tenant takes possession. While the landlord may be able to establish rules for the tenant to follow before the rental agreement is established, he can't create rules after the tenant takes possession.

What is a tenant to do if the landlord violates the covenant of quiet enjoyment in Massachusetts? A tenant can go to the local court and seek a restraining order against the landlord to compel him to stop violating the covenant of quiet enjoyment. While the tenant should expect to pay a filing fee and pay to serve the court documents on the landlord, if the tenant is desperate, it should be worthwhile to seek court assistance. The tenant may also consult with an experienced real estate attorney before seeking court involvement.

Is a divorce from a foreign country valid?

In almost all cases, a divorce in a foreign country is not recognized in Massachusetts and probably the same in all other states. Each state is a separate government. As a general rule, each government is free to ignore the legal rulings of other governments.  This doesn't apply o divorce decrees of other states.  Each American State is subject to the US Constitution which contains a clause called the “full faith and credit clause.” This clause is contained in Article IV, Section 1 of the Constitution and requires every state to give full faith and credit to the judicial proceedings of other states. This means that a divorce granted in one state must be recognized in another state. However, the full faith and credit clause doesn't apply to foreign countries.

There are individuals who advertise inexpensive quick divorces in foreign countries. Take a trip to this foreign country and get a divorce without any waiting periods. In some of these ads, the spouse doesn't even need to be notified. The people who advertise these are essentially travel agents. In many states, including Massachusetts, it is illegal for someone to advertise divorces of this nature. These divorces won't be recognized in Massachusetts. Even if both spouses participate in a foreign divorce, it is unlikely that a Massachusetts Court will recognize the divorce as valid. In other words, the parties are still married to each other even though a court in a foreign country has ruled that they are divorced.

There are some exceptions where a Massachusetts court may find a foreign divorce valid. Where a citizen of another country gets divorced in the country where they are a citizen, if the proceedings meet a sufficient level of due process and notice, then a Massachusetts court is likely to recognize the divorce as valid. This is based on concepts of justice, due process, and fairness. However, without a jurisdictional basis such as foreign citizenship, it is unlikely that a foreign divorce will be recognized.

As a general rule, this is a complicated area of law. It is best if people consult an experienced divorce attorney before they spend the money for a trip to another country to obtain a divorce.

I've been served with a complaint for divorce (in Massachusetts), what should I do?

The first thing you should do when you are served with a divorce complaint is to read the documents carefully. There are at least two things you that will have an immediate effect on you and possibly two additional matters.

1. The summons served upon you is official notice that you have been sued for divorce. It also tells you that you have to file a response to the complaint for divorce which is called an answer. The complaint and answer establish the issues that are disputed in the divorce. You have twenty days to file your answer.
2. Automatic Financial Restraining Order-Once you are served with a divorce summons you are subject to an automatic financial restraining order. Read it carefully. A brief summary is that you can't take any action to hide money or assets from your spouse and you can't take any financial action to hurt your spouse. You can spend money in the ordinary course of living, ordinary course of business, and to pay your attorney. Any other expenditure may require the permission of your spouse or a Judge. You are also prohibited from canceling insurance policies or changing coverage.
3. Check for emergency orders-Your spouse may have gone to court and appeared before the court without giving you notice. A Judge may have issued orders that are binding on you. An example is that you may ordered to vacate your home. You must obey these orders. If you don't like the orders, you can schedule a motion hearing and ask the Judge to change them.
4. Check for motions to be heard-Your spouse may have scheduled motions and given you notice of the hearing. If you don't appear at the hearing, the Judge is likely to give your spouse what they are requesting. If you wish to oppose the motion, you must appear.

You should consult an experienced divorce lawyer to learn about your rights and determine how to proceed in the divorce. When you call the lawyer's office for an appointment, it is important that you know if there are any motions scheduled or if the Court issued orders before you were served.

My spouse won't sign papers for a divorce, can I get divorced without cooperation?

I am frequently asked questions about the ability to get a divorce if the spouse won't sign papers. You can file for a divorce without spousal cooperation. You file a contested divorce and serve your spouse with the summons and complaint. When the case is scheduled for trial, your spouse must appear if they wish to contest the divorce. If the spouse fails to appear in court to testify in the divorce, the only testimony will be yours and the judge will grant a divorce. You may need to file a motion to serve your spouse by a different method than usual if you don't know the address or if your spouse lives in a different state or country.

If your spouse won't cooperate and sign papers for a divorce, you can consult an experienced divorce attorney to help you get divorced.