Divorces are stressful, messy, confusing, and emotional. In Massachusetts there are two types of divorces: a joint petition for divorce (friendly), and a contested divorce (not-friendly).
If you’re considering getting a divorce in Massachusetts, be sure you understand the two options available.
Uncontested Massachusetts Divorce (1A)
This is where you and your spouse work cooperatively to file a joint petition for divorce along with a separation agreement covering the various issues you need addressed.
The separation agreement, should be drafted/reviewed with the assistance of an attorney.
Once the paperwork is complete, both parties appear before a judge. At this meeting, the judge will ask questions concerning the documents and the status of the marriage. If the judge finds that the marriage is irretrievably broken and the agreement meets the requirements and is fair and reasonable, s/he will grant the divorce nisi (a waiting period before the divorce is final).
Contested Massachusetts Divorce (1B)
Differs from a 1A: It is more complex and follows a more traditional trial procedure.
Regardless which type of divorce you file, The court will require certain documents from you, including: a financial statement, marriage certificate, child support guidelines worksheet (if applicable), etc...
Whether you are seeking a 1A or a 1B Divorce, it is critical to have the proper support system in place both legally and emotionally. You will need a lawyer who you feel comfortable with and who understands divorce laws in Massachusetts.
If you’re considering getting a divorce in Massachusetts, be sure you understand the two options available.
Uncontested Massachusetts Divorce (1A)
This is where you and your spouse work cooperatively to file a joint petition for divorce along with a separation agreement covering the various issues you need addressed.
The separation agreement, should be drafted/reviewed with the assistance of an attorney.
Once the paperwork is complete, both parties appear before a judge. At this meeting, the judge will ask questions concerning the documents and the status of the marriage. If the judge finds that the marriage is irretrievably broken and the agreement meets the requirements and is fair and reasonable, s/he will grant the divorce nisi (a waiting period before the divorce is final).
Contested Massachusetts Divorce (1B)
Differs from a 1A: It is more complex and follows a more traditional trial procedure.
Regardless which type of divorce you file, The court will require certain documents from you, including: a financial statement, marriage certificate, child support guidelines worksheet (if applicable), etc...
Whether you are seeking a 1A or a 1B Divorce, it is critical to have the proper support system in place both legally and emotionally. You will need a lawyer who you feel comfortable with and who understands divorce laws in Massachusetts.
A divorce agreement with children in Massachusetts must address several key issues to ensure the best interests of the children are met. The following are some of the requirements for a Massachusetts divorce agreement with children:
- Child Custody: The divorce agreement must include a detailed plan for the custody and visitation of the children. This plan should address the physical and legal custody of the children and outline a parenting schedule that both parties agree on. The agreement should also detail how parents will make decisions for the children, including education, healthcare, and religious upbringing.
- Child Support: The agreement should address the issue of child support and specify how much the non-custodial parent will pay in child support. Massachusetts follows child support guidelines that take into account the income of both parents, the number of children, and other factors.
- Health Insurance: The agreement must include provisions for health insurance for the children. The parties must decide which parent will provide health insurance for the children and how the cost will be divided.
- Life Insurance: The divorce agreement should also address the issue of life insurance. In some cases, a life insurance policy may be required to secure child support payments in the event of the paying parent's death.
- Education: The agreement must address how education expenses will be paid for, including tuition, books, and other fees. The parties may agree to split the cost, or one parent may take responsibility for education expenses.
- Extracurricular Activities: The divorce agreement should also address how extracurricular activities will be paid for, such as sports, music lessons, and other activities.
- Tax Considerations: The agreement must consider the tax implications of child support payments and other financial arrangements related to the children. The agreement should specify which parent will claim the children as dependents on their tax returns.
- Dispute Resolution: The agreement must include provisions for resolving disputes that may arise related to the children. This may include mediation or other forms of alternative dispute resolution.