03/29/2010 - Petition for dissoulation filed by petitioner
04/26/2010 - Preliminary declaration regarding service of declaration of disclosure and income and expense statement filed by petitioner.
07/01/2010 - Order to show case re child custody, visitation and child support on 07/01/2010 granted per written order.
07/01/2010 - Findings and order after hearing, heard on 07/01/2010.
07/18/2010 - Mediation: Both parties appeared - ezp
10/18/2010 - order to show case re child custody, visitation and child support on 10/26/2010 vacated per stipulation and order filed 10/18/2010.
10/18/2010 - Mediation: Both parties appeared - ezp
01/25/2012 - Notice of motion to modify support order on 01/25/12 - Re child support granted per written order.
What will be the next step?
I hate to say this but the next step should really be for you to seek legal counsel especially where children are involved. You really need to make sure you are protected and the best interests of the children are met. Hope things work out and take good care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
You need a real live lawyer and not a virtual one. Consult with a local attorney ASAP.
IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" PLEASE MARK IT SO because Avvo awards the attorney points. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.
If you custody and visitation worked out you have probably overcome the biggest hurdle. However, you still must seek bifurcation of status (the formal way of asking for a divorce) and divide up the community assets and debts. These issues can be taken care of all at once if the parties agree on everything. If not, then you can write up a stipulation regarding the items you do agree on and ask for a trial date on the issues you do not agree on. This is a very cursory overview and the facts of your case must be analyzed to determine what is in your best interest. For instance, if the other party is carrying your health insurance, you should know and be prepared for it to cease once bifurcation of status is taken. This is an example of just one of many issues that cannot be overlooked for making prudent decisions in the dissolution process. I also forgot to mention the issue of spousal support--it must also be addressed.
I would be happy to speak with you if you would like. I can be reached at 909-635-2023.
The content contained herein is for general purposes only and in no way constitutes an attorney-client relationship nor is this information to be construed as the only option available under the law. I encouarage everyone to get a second opinion to determine the best course of action based upon their particular situation.