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Modification of Existing Judgments or Orders

We handle many types of family law cases – a branch or specialty of law also referred to as “domestic relations” law, concerned with issues such as divorce, separation, paternity, custody, support, pre-nuptial agreements, and alimony.

If you need help in any area of family law, or would like to discuss your specific situation and options regarding filing or defending a Complaint for Modification, call or send a message today to set up a free initial consultation.

Send an email now to:

Attorney Rhonda S. Boulé
rsboule@ferraroboule.com

Or call:  617/969-0400.

Q&A (see Rhonda’s profile on Avvo.com):

Question: Does a legal separation in Massachusetts become contestable after a long period of time before formally filing for divorce?

My wife and I are thinking of getting a legal separation agreement for now, but continue to stay in the same house (for kids sake).
Will the terms of the legal separation be valid for any period of time? If we decide to get a divorce years later, will the terms of the original agreement stand, or can they be contested? Especially in the area of child custody, will the court re-examine the agreement?  (Asked by an Avvo user)

ANSWER:

You should be aware that issues involving the children – such as custody, child support, visitation, educational expenses – are always subject to modification, even after entry of a judgment of divorce (whether or not judgment was entered after trial or by agreement), if there has been a substantial change in your family’s circumstances. To the extent that your agreement addresses such child-related issues, you will not be bound to the arrangement you choose now in the event that circumstances change in the future, and can request a change by filing a Complaint for Modification. In any such action for Modification, including a request to change the custody and parenting arrangement, the Court will evaluate the best interests of the children in determining whether a change is warranted. In addition, you and your spouse can always alter your custody and parenting arrangement in the future by agreement.

 

Ferraro &  Boulé, Attorneys at Law: Experienced, Compassionate and Dedicated to Our Clients