Legal Question in Family Law in Massachusetts
do i have to file a finanical , if we both agree, work it out on paper
my husband and i share no assests. agree to divorce. no minor kids.been leagally seperated 13 yrs.can we just write an agreement without filing a financial statement.or can i go to vegas an get a divorce not file a finanical disclosure.
3 Answers from Attorneys
Re: do i have to file a finanical , if we both agree, work it out on paper
As you apparently want to avoid financial disclosure at all costs, unless you file a Joint Petition for Divorce, in Massachusetts the service of a Complaint for Divorce requires certain mandatory financial disclosures between the parties and for a Court to approve a Separation agreement without first ascertaining there was full disclosure between the parties would be a rarity. But you could certainly attempt to convince the Court in an assented to motion to waive that requirement. Failing that you could withdraw or dismiss your Massachusetts action and seek another state that would have jurisdiction and less stringent financial disclosure rules. Without further research I don't know if Nevada is one of them. Good Luck!
Re: do i have to file a finanical , if we both agree, work it out on paper
If you file for divorce in MA (assuming you both live here) you have to file a financial statement. The financial statement is not critical unless you think your husband is going to attempt to get alimony from you.
The financial statement is not that onerous a thing. As to Nevada, I have no knowledge of their rules and procedures
Re: do i have to file a finanical , if we both agree, work it out on paper
Whether you agree or not, you still have to file a complaint for divorce to begin the action. This cost 195.00, plus 5.00 for summons. Once the complaint if answered and you return the executed summons by the defendant, then you can request a hearing date and go before the judge with your joint agreement.
Question: Why would you go to Las Vegas for a divorce? Did you marry there? If so, did you live in the State of Massachusetts when you separated and if so, how long did you live in Massachusetts before you separated?
You may want to consider at least consulting with a family law attorney.
Feel free to email me if you have any further questions. Email: [email protected]
Sincerely, Maria Murber