Each case is unique. If the children are involved, your relationship with your spouse does not end in separation or divorce. You will probably, but not necessarily, continue to be in contact with him regarding support, education time or visitation and other parenting duties. You will both be grandparents to your children`s children. If it is appropriate in your situation, for the sake of your children, keep the lines of communication open, but only if it is safe to do so. Put your children`s well-being, if possible, in the face of persistent conflicts. Yes, the estate and family judge will ask questions about the separation agreement before they approve the agreement at your trial. The judge will first review the agreement to ensure that all provisions are in compliance with the law. If no provision complies with the law, the judge will not approve the agreement.
More information about divorce and separation can be found in our self-help guides in our articles. If you enter into a “separation agreement” (more detailed on question 8) without submitting it to the court, it is a contract between you and your spouse. This is not a court decision. While it is not a bad idea to have a contract, it can be difficult to impose it; Therefore, you will probably want to present your agreement with the court and ask the judge to follow you and your spouse. If child support is part of the agreement, the court will also consider the binding child care guidelines. If you divorce, you and your spouse can enter into a written separation agreement indicating how issues related to the end of your marriage are handled. The agreement should cover custody of children, period of education or attendance, child assistance, child support, sharing of your property (including pensions), married life, including the owners of the property in the matrimonial home, the sharing of your debts and the withdrawal of the name you had before your marriage. A separation agreement is only good if both spouses sign it. It is usually part of the divorce judgment.
It may be best to represent yourself if you and your spouse do not disagree on any topic, the reasons for the divorce, or custody or support. It may be particularly appropriate to represent yourself if your spouse is representing himself and you are certain that none of you will contest any aspect of the divorce. It is very difficult to represent yourself if your spouse has a lawyer. In Massachusetts, spouses can enter into “separation agreements.” A “separation agreement” is a written agreement signed by the couple.