Just as property is divided, so are debts. When couples cannot agree on debt assignment, the judge will determine division based on age, health, employment skills, earning capacity, liabilities, needs, and prospects regarding capital assets and real estate for each party. Division of debt is determined more by the ability to pay rather than who is responsible for the debt unless it was incurred before marriage. Types of child custody include legal, physical, and visitation.
Legal custody defines which parent makes decisions about education, health care, and religion. This is normally granted to both parents. Physical custody is where the child lives and visitation refers to the rights of the non-custodial parent to spend time with their child.
To modify a child custody agreement , you must file a Complaint for Modification that pleads substantial changes of circumstances since the Final Order was approved. It must contain new facts or facts not known at the time of the last order. You cannot relitigate previous issues just because you believe the original order was wrong.
Courts are reluctant to change custody arrangements unless the party filing the action shows their home is substantially better for the child.
However, if your homes are equally good, there will not be a change. The preference is for stability even if the other parent also offers a good home environment. Even in this day and age, mothers are more likely to secure custody because they act as the primary caregiver. As gender roles adjust, this is equalizing as fathers also gain custody when they request it. Courts focus less on the gender of the parents and more on who provides the most direct care to the children getting them ready for school, doctor appointments, extra curricular activity attendance, etc.
Self-aware children who have strong opinions may communicate preferences in custody to the judge. If children have the maturity to report their needs and preferences, there can be an opportunity for them to discuss this with the judge. The parent themselves can move if they chose to, but only without taking the children with them. If a couple is still married or there is no parenting agreement in place, then they could possibly move out of state without letting the other parent know or getting permission from the court.
However, once the other parent finds out, they have the immediate right to go to court and ask for the return of the child while a parenting plan is sorted out through the courts. Modifications reflect the best interest of the child as well as convenience for the parents. For example, an every-other-weekend arrangement may adjust to half the summer or half of all school holidays to make traveling easier.
There will also be stipulations on who pays which travel expenses for the child. If it is better for the child to stay in the area, then custody may be transferred to the parent who is not moving. Parties may agree to a temporary child custody order until the divorce process is complete so the children are assured some stability.
This order also includes child support payments. Courts order child custody evaluations when custody is disputed. This is done to assess the best interest of the child and the home where they will thrive. It is an involved process that is often psychologically challenging for all involved, especially the children. The evaluator meets with all parties involved in the custody decision including parents, doctors, psychologists, teachers, and caregivers.
Parents may be subjected to a psychological profile if there are claims of mental instability or substance abuse. The intention is to determine who the children are most bonded to and where they are most likely to thrive after the divorce is finished.
Time with your children depends on how you interact with your child and the relationship that already exists between you. Depending on circumstances, you may receive alternating weekends and a week night or the judge may determine it is more appropriate that you start with supervised time with your child. If you were largely an absentee parent, do not expect much time at first until you prove your commitment.
The duration of child support payments is set by statutes. They remain due until emancipation, age 18 or age 21 if the child still requires support, as with current college attendance. There are no other grounds to terminate child support.
Even if your income substantially decreases, you can only attempt to reduce the amount of the payment. If you can prove your relationship with your stepchildren is significant and it is in their best interest that it remains intact, you may receive visitation rights. However, the only way to guarantee this is if you adopted the child. Stepparents do not normally have visitation rights. Property division can be complex, especially if there are assets one party owned before the marriage.
Many parties agree to property division without litigation. If there is no agreement, the court will determine how to divide property in the most equitable way possible. Generally, whoever wants the house gets to keep it. Usually, that is the parent who maintains custody of the children as a way to minimize disruption in their lives.
There are three options you can consider for the marital residence. One is to continue holding it jointly for the benefit of the children. This is frequently visited when the custodial parent cannot afford to keep the house on their own and requires assistance. The second is to sell the home and split the equity between the parties. This allows for a fresh start and clean break, but it removes children from the only home they may remember.
Finally, there is also the option to cash out the other party and keep the home as a separate asset. You can do this by refinancing the home in your name alone. Even if one of these sounds very appealing, there are tax and financial impacts you may not anticipate. Discuss your decision with an attorney. While pets are valued family members to many, Massachusetts law still treats them as marital property.
The tendency of courts is to treat this issue much like they do with child custody by assigning pets to their primary caregiver. Generally, the business is evaluated and one partner cashes out the other based on the results of that analysis.
If you remain amicable, it is likely you can continue running it together. Otherwise, you may have to come to an agreement to sell the business and divide the profits or arrange to cash-out the other party. More on D ivorcing while owning a business here.
Marital property refers to all the possessions, real estate, and interests acquired during a marriage. Since Massachusetts is not a community property state, all property division must be equitable between the parties. If the Separation Agreement is approved by the judge at the hearing, a Judgment of Divorce Nisi temporary judgment of divorce will be entered thirty days later. That Judgment will then become absolute final within ninety more days.
So, from filing to hearing, the process will most likely take a few weeks, and from hearing to final judgment, assuming the Agreement is approved at the hearing, the process will take four months. This means that the entire uncontested process, including the negotiation of the Agreement, is likely to take from seven to eight months, at a minimum. The last four months of the process are simply a waiting period. The uncontested, Joint Petition process, is governed by M.
Chapter , Section 1B , the parties must wait at least six months from the filing date in order to have a divorce hearing at which a Judgment of Divorce Nisi may be issued. If the parties to a contested proceeding are fortunate enough to settle their case before six months have elapsed, they may submit a motion to the court asking for the matter to be converted to an uncontested, joint petition proceeding, so that the hearing date can be set without waiting out the six-month period.
In reality, parties to a contested divorce proceeding often require more than six months prior to the hearing date, because during that time they are working to negotiate a voluntary settlement, often with various court-required steps along the way, as, for example, a status conference with the judge or a pre-trial conference; and, if no settlement is reached, the judge will set a trial date, which may require a wait of several more months, during which time the lawyers and parties will prepare for trial.
In Massachusetts, the Probate and Family Court official time-standard for contested divorces is fourteen months under Standing Order — that is, the divorce process, from filing to entry of a judgment, should take no more than fourteen months. Massachusetts divorce law and family law matters are the firm's exclusive focus. Determining how long a contested divorce is a nearly impossible prediction.
In Massachusetts, a contested divorce is also known as 1B divorce. When someone wants to file for a 1B divorce in Massachusetts, they do so by filing a complaint for divorce. Once this complaint is filed, there is a wait time of at least six months before a divorce hearing.
In some instances, couples can settle their divorce during this six-month time span. Couples going through a contested divorce might be able to speed up the process with a status conference with the judge or a pre-trial conference. The Massachusetts Probate and Family Court has released a standing order that estimates the length of a contested divorce as 14 months. However, this process can still take longer depending on what disputes are involved with a divorce and how busy the court system is.
Nothing guarantees a specific outcome or length of time for a divorce. Those facing divorce should speak with an attorney before starting the process, even if the divorce is uncontested.
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