The Massachusetts SJC determined in 1998 that they were subject to a rule as a contract law and it has to be in writing. If the parties eventually marry, it is no longer valid and it would deal with post-nuptial agreements or therefore separation agreements. If children are involved, Cohabitation Agreements which were not dealt […]

In the appeals court in 2000 in Quinn vs. Quinn it was determined that parents may not bargain with the rights of their children without court approval. There is a joint petition which is under Supplemental Rule 412, which has a procedure for the judge to allow or reject reduce child support by parents after […]

If the parents are separated or divorce, the custodial parent is responsible for filling out the FAFSA or the Free Application for Federal Student Aid. The custodial parent for the purposes of federal student aid is the parent with whom you lived the most during the past 12 months. (The twelve-month period is the twelve-month […]

It is where the parent where the child that spends more than 50% of the time, not the custodial parent, or the parent who gets the tax deduction. It is not advisable to get creative with this because the colleges have seen it all and will know if you are lying on the financial aid […]

If you have filed for divorce, there is a box on the Complaint for Divorce where you can check and resume your former name and list your former name. If you filed the divorce, but not made that request, but has not been finalized, you can simply file a Motion on or before the date […]

It means that if the divorce is not final regarding that waiting period of 120 or 190 days, you cannot get remarried during that time until the divorce is actually final. A more practical impact for most people maybe the divorce date, it can impact health insurance, alimony, and other things that you may put […]

There are two forms of filing: 1. Contested or a 1A Divorce; and 2. Contested or a 1B Divorce. In Massachusetts if it is considered a “no fault” or “fault”, it basically means the same as “contested” or “uncontested”. Contested means that if one party disagrees with the divorce or more importantly the terms of […]

It is required by the Probate and Family Court that in the best interest of the child, parents need to receive education about the children’s emotional needs and effects of divorce on the child’s behavior and development. If there is a minor child in a divorce action, there are specifically approved state parenting education programs […]

A Conditional Custody is such that the Judge can find that there is enough evidence to support DCF’s request for temporary custody, but can also decide if there can be conditions put in place where the child(ren) can be returned to the parents or custodians. They can include general conditions as allowed in probation; a […]

You should dress in a way that is conservative and shows respect for the court. You also need to be appropriate by not chewing gum. You are not generally allowed to eat or drink in the courthouse; never mind the court room. A crucial step is to be on time. If you miss the hearing, […]