Yes, out-of-court settlement is best; but some situations demand immediate court action:
Filing a divorce complaint puts in motion protection for you and your family. Court intervention brings real and immediate relief when it’s needed.
After a divorce is filed and a summons issued and served on the opposing spouse, an R. 411 restraining order comes into effect. This court rule restrains both parties from running up large credit card balances, canceling health insurance policies, and generally just acting out of spite. The existence of the restraining order forces each spouse to behave rationally while the terms of the divorce can be worked out.
Motioning (asking) a judge to impose temporary rules and boundaries while you work out your divorce – it can be a godsend.
Take the example of arguing parents. Arguments are inevitable in divorce. But when things get heated in front of the children, you are damaging them. Filing a motion (request) with the court to issue an order to vacate the marital home, while the divorce is pending (a temporary order) can restore sanity – and protect the children.
The Judge can also help you create a child-centered parenting plan. Often, having a rational and balanced plan calms the turbulence that occurs in families undergoing divorce.
Even the best divorce agreements can’t address every future situation. Kids grow up, jobs change, spouses move on. Suddenly what used to work, doesn’t any more.
Child support needs to adjust to these changing circumstances. The Massachusetts Child Support Guidelines are updated every four years– most recently in 2021 – to reflect increases in cost of living. The Guidelines are the default way of calculating child support
– you can access a self-calculating worksheet here.
Parenting plans often need adjustment to fit the needs of children and parents. Children get older and their outside activities increase, causing calendar conflicts. When two parents can’t make those adjustments on their own, court intervention can help bring them to the bargaining table, or impose a solution that’s in the “best interests of the child.”
Many divorce agreements are being written so that people go directly to mediation when the situation changes. That can work well– except when it doesn’t, you need a Judge to weigh in.
Changing – or interpreting – a divorce or custody agreement requires legal advice and careful attention. We will help you determine whether you need to file a complaint for contempt or modify a court’s judgment, and support you every step of the way if that course of action is deemed necessary.
