8. How do I pay my bills while the divorce is pending in Court?
In certain circumstances the Court may order that one spouse support the other while the
divorce proceedings are being in the Court. This support is sometimes referred to as
temporary alimony.
9. What are the terms used to identify the parties in a divorce proceeding?
The person who initially files for a contested divorce is referred to as the Plaintiff. The other party to the divorce action is called the Defendant. In situations where there is a no-fault divorce (not contested) both parties are referred to as Co-Petitioners.
10. What is joint custody?
When there are children involved in a divorce proceeding,
custody of the children needs to be decided. There are two concepts with regard to custody: legal and physical custody. Legal custody of the children is the power to make all decisions for the children such as medical, educational, extra-curricular, and religious.
Physical custody of the children refers to the physical presence of the children, i.e., typically which parent the children reside with. When the parties to the divorce action are awarded joint legal and physical custody of the children, they share in all decision making of the children, and the child's time is split between the two parents. However, circumstances, parents can share
joint legal custody, but one parent has sole physical custody of the children, i.e., the children reside with that parent and have visitation with the other parent.
11. My spouse and I separated and the children are with my spouse. Can I see the children?
Until an Order is entered by a Judge to do so, there is no requirement of parent which the children are with to allow any
visitation. In a perfect world, it is the hope that all parents should facilitate visitation with the other, this is not always the case. When this is the case, a Court Order must be sought.
12. Is a simplified divorce procedure allowed in Massachusetts?
In Massachusetts if all parties to a divorce agree can agree to all issues, a simplified divorce procedure is available. A joint petition may be brought before the Court based on an
irretrievable breakdown of the marriage, along with signed affidavits of both parties, along with a separation agreement. The parties can actually file these papers and request a hearing date before the Judge on the same day.
For all other questions, feel free to contact Rauseolaw for a
free consultation.