What Can Be Modified in a Massachusetts Divorce Agreement

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you should consult with an experienced divorce attorney.

The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change or a significant change in income.

When drafting a separation agreement, there are two types of provisions addressed in the agreement: surviving and merging. Merging provisions are open to modification. Merging provisions are generally child specific issues like custody arrangements, support, and health insurance. Sometimes alimony can be a merging provision. Surviving provisions are generally not open to modification. An example of surviving provision is the division of property. [Continue reading]

Massachusetts Divorce and Separation Agreements

Divorce is a complicated and emotional ordeal. Divorcing parents with young children have additional considerations over childless couples. The many complexities involved in reaching a desired outcome during a divorce, are weighed according to a number of different factors. In some cases, it can be helpful to ask an attorney to draw up a Separation Agreement.

A Separation Agreement is a written document that determines how the divorcing parties will handle matters relating to the end of the marriage. This Agreement can serve to clarify and simplify the overall divorce process. Normally, the agreement deals with child custody issues, parental access, child support, alimony and division of assets and similar issues. The Agreement is only good if both parties agree to its terms and sign it freely, voluntarily, knowingly and without duress or intimidation. The Separation Agreement usually becomes part of the final divorce judgment. It should be noted that a judge can refuse to accept a Separation Agreement if he or she deems it unfair according to the circumstances under which it is presented.

If you are considering divorce and would like to discuss the importance of a Separation Agreement, please contact our office to schedule your consultation with an attorney.

Massachusetts Child Support Law

In the event of a divorce, one parent may be ordered by the court to pay child support. Under Massachusetts law, both parents are required to support their children—and this is true regardless of marital status (whether the parents are married, … [Continue reading]

Establishing Paternity in Massachusetts

When a child is born to two married parents, they are placed on the child's birth certificate. However, when parents are unmarried, paternity must be legally established in order for the non-birth parent to appear on the child's birth certificate and … [Continue reading]

Massachusetts Maternity Leave Act

Many parents-to-be wonder just how much time from work they can take off when their child is born. Effective April 7, 2015, under Massachusetts law, men and women will both be covered under the Massachusetts Maternity Leave Act (MMLA), which makes … [Continue reading]

Excellent Advocate

Compassionate. Easy to talk to. Direct. Extremely well informed and connected. This is not the guy lawyer jokes are written about. This is an honest, calm, reasonable person who advocates tirelessly for the truth. A valuable member of our MA legal … [Continue reading]