Divorce Template

In the event that all matters are resolved prior to litigation, a legal professional or mediator has the ability to draft a settlement agreement. Upon execution, the Divorce Agreement transforms into a legally enforceable agreement, thereby imposing a mutual obligation upon both parties to adhere to its provisions. The agreement’s submission to a judge may be contingent on the laws of the state, who can assess the fairness of the terms. Upon inclusion in the final divorce decree, the aforementioned agreement shall attain the status of a legally binding court order. Any subsequent violation of the order by either party may result in the imposition of contempt of court charges.

In the event of a disagreement between spouses, it is likely that legal proceedings will ensue, requiring the presentation of arguments and evidence before a judge who will ultimately render a decision on all pertinent matters. Due to the inherent unpredictability and high cost associated with this process, it is advisable to pursue an extrajudicial settlement as the preferred course of action.

Similar to other legal jurisdictions, Massachusetts imposes restrictions on the conditions in which a divorce settlement agreement can be altered. In order to effectively alter the agreement, it is necessary to demonstrate a significant alteration of circumstances that justifies the modification, with the exception of child support modifications. In the state of Massachusetts, it is permissible to reexamine the matter of child support at intervals of three years or sooner, provided that there has been a significant alteration in circumstances. In cases where the modification pertains to minor children, such as a petition to alter the provisions of the Parenting Plan, the court is obligated to assess whether the proposed modification aligns with the “best interest of the children” standard.

The judicial body holds the authority to ascertain the definition of a “material change in circumstances” in cases where a request for modification of a settlement agreement is made. Nevertheless, certain prevalent instances of circumstances that may meet the criteria for seeking modification of alimony, child support, and/or the provisions of a Parenting Plan are as follows:

· An escalation in earnings, a reduction in earnings, and an involuntary termination of employment.
· Alteration in the allocation of parental responsibilities or modification of visitation arrangements.
· There has been a rise in expenditures associated with offspring.
· The emancipation of a minor or the attainment of legal adulthood by a minor.
· Child maltreatment, encompassing both abuse and neglect, is a serious concern that can have detrimental effects on the well-being and development of children.
· The inability of a parent to provide fundamental necessities for their offspring.
· Subjecting minors to an individual who poses a potential threat or hazard to their well-being, such as a recently acquired romantic partner.
· The phenomenon of frequent and unexplained absences from school.
· In cases where the child is of an advanced age, their preferences and desires may be taken into consideration.