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Conflicts between individuals in a marriage or
other personal sharing relations are subject to resolution by the
Probate and Family Courts within the Massachusetts Court System.
The particular Court is usually determined by the location of the
individual residence of the parties and/or where they last lived
together.
A Divorce is the dissolution of the marital
relationship.
If there are children, the Custody of the child (or
children) is determined by the Court or by the Agreement.
Custody may be either Physical or Legal.
Legal Custody allows one or both parents to decide
for the minor children (under 18 years of age), his or her
schools, medical care, and religious affiliation.
Physical Custody places the child in the home of one
of the parents during a specified time. Physical Custody may be
sole or shared.
Visitation is the designation of the time and place
for parents to visit with and receive visits from the child and/or
children.
Alimony is a Court Order requiring one individual to
pay the other individual a sum of money for their support while
the individual couple is separated. This payment may be Ordered or
agreed to during and after the divorce.
Property Division - Massachusetts is an Equitable
Distribution of Marital assets state. Marital property includes
real estate, antiques, automobiles and may include inherited
property and/or gifts.
Health/Medical Insurance - The Court is obligated to
provide a provision in the Judgment for health insurance.
Modification - After the Judgment is entered by the
Court, the Court may modify or change the Judgment (Agreement), if
the individual is able to demonstrate a material change in
circumstance. For example, a support order may be modified or
changed, if there is an increase or decrease in income.
Contempt - A Judgment of Contempt may be issued
against an individual who was ordered to pay alimony, child
support, or was ordered to do some act. If the individual did not
act as ordered by the Court, he or she may be held in Contempt.
A Pre-Nuptial Agreement is a written contract
between individuals prior to their marriage, which recites their
assets and liabilities. It establishes the division of the assets
and liabilities as well as addresses alimony, if the individuals
divorce. For the Pre-Nuptial Agreement to be enforced, it must be
fair and reasonable at the time it is signed as well as fair and
reasonable when the individuals divorce.
Mediation - For further information please visit
www.MarkBersonMediation.com |
