What should we do first? and how long is the process?
Do you plan on retaining counsel? If so, your attorney will guide you through the process and file the petition for divorce.
If you and your spouse agree that there has been an irretrievable breakdown of the marriage and to all major aspects of the divorce, (i.e. custody, settlement of personal property and real estate, child support, alimony, etc) you would file a Petition for Divorce under M.G.L. 208 1A.
In addition, you will need to file several other supporting documents including the original marriage certificate, a notorized seperation agreement, financial statements, certificate of absolute, affidavit disclosing care and protection proceedings,and affidavit of indigency (if applicable). You may obatin these documents through the family court of the county that you reside in.
Once, all of the documents are completed, notorized, and signed, you will need to mail the documents into the registry of the family court in the county you reside in. Once, the case is assigned a docket number and judge, it may take up to several months for the case to be finalized depending on the court. You and your spouse will be required to attend a final hearing where the judge will review your seperation agreement to make sure that the agreement is fair and reasonable before issuing a final divorce decree.
Please keep in mind that this is a summary of an uncontested divorce process and each case may require different paperwork and procedures. Good luck to you!See question
My ex left me and my children almost homeless in Florida. He has not seen or talked to them in 2 years. I had moved back to MA because I could not move forward in FL. Now I want him to go through the courts for vistits but he keeps threatening me ...
Both Attorneys provided excellent answers to your question regarding modifying the custody agreement regarding your children. I would also lke to add that you may want to consider reporting your ex-spouse's threats to the police if you feel that you are in danger.
The court will always assess the best interest of the child when granting custody in any situation.
i have sole physical custody of the children and was never married to their faher.
The answer to your question depends on a number of factors. The first thing you will need to do is determine weather the father has shared legal custody or visitation rights. Does the father visit with the children?
If the father decides to prohibit you from removing the children from the Commonwealth, you will need to be prepared to show that the move is in the best interests of the children. Some factors that you will need in favor of the move include, showing that you have a job in the other state, adequate housing, a fair school system, family support, etc.
Good luck to you!