Legal Question in Family Law in Massachusetts

Agree to divorce but want to do before spouse leaves country

Wife and I aggree to divorce, however she is going back to France in Sept and is letting me have custody of two children -they currently live with her. How can we put in writing that this will take place before she leaves? We want to finalize divorce while she is still here.


Asked on 3/23/08, 10:26 pm

5 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Agree to divorce but want to do before spouse leaves country

YES.

You can file a joint petition for divorce that includes the other important documents, including a separation agreement.

If you need such assistance, contact me.

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Answered on 3/23/08, 10:34 pm
Gabriel Cheong Infinity Law Group

Re: Agree to divorce but want to do before spouse leaves country

Depending on where you live, the process for getting a divorce can take anywhere from 2-6 months, even with a joint petition.

You need to get yourself to a lawyer right away to prepare the divorce or else it might not meet your wife's deadline.

If you need help, don't hesistate to call me for a free consulatation.

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Answered on 3/23/08, 11:24 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Agree to divorce but want to do before spouse leaves country

You can seek a mediated divorce, or you can each have lawyers, in order to draft an agreement. The important essence is time. If you follow the mediated route, the mediator sits with both of you to assist you in working out details. An attorney mediator may then draft the agreement for you, pursuant to your directives. You each always retain the right to have an attorney review the result with you.

If you have further questions, please feel free to look at my personal website, www.gregleelaw.com.

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Answered on 3/24/08, 7:03 am
Jessica Foley Law Office of Jessica A. Foley

Re: Agree to divorce but want to do before spouse leaves country

Hi,

If you contact a lawyer immediately you may have enough time to file an uncontested divorce. Ideally you should both have an attorney represent you (i.e. you should both have attorneys at least to look over your separation agreement). If you work fast, it will work. If it ends up contested - it is unlikely that you will be divorced before she leaves for France.

Jessica

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Answered on 3/24/08, 10:45 am
Joseph Murray Joseph M. Murray, Esq.

Re: Agree to divorce but want to do before spouse leaves country

The best way for you to expedite this before September, would be for both to retain attorneys who could draft a divorce agreement to be filed in support of an uncontested or joint petition for divorce. Good Luck!

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Answered on 3/24/08, 1:33 pm


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