Amaral & Associates, P.C. - Divorce, Family Law

Posts Tagged Divorce Quincy

Can I Modify My Separation Agreement?

Can I Modify My Separation Agreement?It is not uncommon for a spouse to want to modify certain provisions of his or her Separation Agreement after a divorce. As time goes on, circumstances will most certainly change for the former spouses. However it is important that spouses make any changes through the Probate and Family Court, and not through a private agreement, as private agreements are not enforceable through the courts.

 

Before a spouse can seek a modification in the court, he/she must first ascertain if the provision he/she wants modified can be modified. In Massachusetts, Separation Agreements either “merge” or survive”. When a separation agreement “merges” it means that all provisions in the agreement may be modified through a Complaint for Modification, upon a showing of a material change in circumstances. When a separation agreement “survives” it means it has its own independent legal significance, and can only be modified in the rarest of circumstances. The courts have stated that there must be “countervailing equities” to modify a surviving agreement. Although the term “countervailing equities” has not exactly been defined by the court, … Read More »



What You Should Know Before You File for Divorce In Massachusetts

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Divorce, word cloud concept on white background.

Divorce can be a confusing and complicated process. Negotiating your way through the court system can be difficult, particularly if you don’t have the assistance of an attorney to guide you through the system. Here are some facts and other things you should know about filing for divorce in Massachusetts.

 

A vast majority of divorces settle before trial. There are 2 ways to file for divorce in Massachusetts. The first is a joint petition, in which both spouses jointly file for the divorce. The other is a … Read More »



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