Massachusetts Sample Letter regarding Child Custody and Property Settlement Agreement
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FAQ
Massachusetts doesn't have a procedure called ?legal separation.? Separate support is a lawsuit to get support for yourself and your family. It can also keep your spouse from putting any limitations on your personal freedom. This is a separate process from divorce.
Under Massachusetts law, a minor child (under the age of 18) does not have the right to choose which parent to live with. The decision can be made by the divorcing co-parents if they are able to come up with a custody agreement that is in the child's best interest.
Parties to the divorce may also draft their own Separation Agreements but for those couples who want to ensure the document is drafted correctly the first time should consider consulting an expert. MWI is available at 617-895-4028 to assist or to provide a free consultation.
For the ground of no-fault based on a separation for 18 months, the residency requirement is one year in Massachusetts. If the grounds for divorce is adultery you can file immediately without living in Massachusetts for a year.
Affidavit Disclosing Care or Custody Proceeding Use the Affidavit Disclosing Care or Custody to tell the court if there are already any court orders about your child. It also tells the court if any judge is making decisions about your child now. Include cases in and outside of Massachusetts.
Share examples that demonstrate how the parent cares for their child and supports their best interests. Highlight the parent's strengths, and show how they play an active role in their child's upbringing and overall well-being. Be specific, and focus on the parent?child relationship.
Note, however, that signing a Separation Agreement does not end your marriage. You are still legally married until a judge signs a divorce decree, which may allow for survival or merger of the various provisions of the Separation Agreement.
You'll need to write a separation agreement, and both spouses must sign it and have it notarized (signed by a notary). A separation agreement is a written contract between you and your spouse.
