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. Call for a Free Consultation for your Massachusetts case.
Jaye Samuels, Esq. The Nisi period has nothing to do with the terms of your agreement going through a waiting period, so make sure you follow that order or you risk being held in contempt. That means that you cannot remarry during the Nisi period, even if you know there is no way you would ever get back together with your spouse. Besides being unable to legally remarry, there are other important things to consider relating to the timing of the Nisi period.
Generally, filing your taxes jointly incurs many benefits and is a better choice financially for most couples. Also, if a former spouse is not eligible to remain on the prior health insurance policy upon divorce, make sure you check with the insurance company as to when they consider a divorce to have taken place—at the time the Nisi judgment is entered or at the time the absolute judgment is entered.
For more information on how we can help you during your divorce, please contact us online at www. Think Twice Before Tweeting As enjoyable as social media can be to keep in touch with old friends and other family members you may What is Best?
After the hearing there is a day waiting period before the day nisi period begins. After the day nisi period, if no action is taken, the Judgment Absolute will be entered automatically.
Simply put, parties who file a Joint Petition for Divorce must wait a mandatory days from the date of hearing for their divorce to be final. The only real effect the nisi period has, besides causing unnecessary confusion, is to give the divorcing parties one last chance to reconcile before their divorce becomes absolute. If the divorcing parties reconcile after the nisi period ends and a Judgment Absolute has already been entered, the parties will have to get remarried.
Alternatively, if the parties reconcile during the nisi period prior to the Judgment Absolute being entered, the divorce would be dismissed, and the parties could go on being married.
It is important to note that during the nisi period you are still legally married until your divorce is absolute. A marriage to another person during the nisi period is not legally binding and will be considered void. Ross , Mass. Levanocky, Mass. In short, nothing happens during the nisi period. Once the judge approves the agreement entered by the parties, all aspects of the agreement, including support, child custody and property division go into effect.
All that is left for the parties to do is simply wait for the 90 or day nisi period to expire.
0コメント