Legal Question in Family Law in Massachusetts
modification to a separation agreement
1. Once a separation agreement for divorce is final is there a waiting period before a modification can be filed by either party?
2. When a modification to a separation agreement is filed, is there a required waiting period prior to a court date being assigned for the modification to be heard?
1 Answer from Attorneys
Re: modification to a separation agreement
There is no waiting period. I just recently filed a modification when, after the judgment was final only one week, my client became unemployed. The judge had no problem with this.
There is no waiting period for a modification to be heard; in fact, judges want them heard quickly. It is customary to wait the 20 days after service before requesting a pre-trial, to see (1) if there is a response to the complaint; and (2) to determine whether settlement is possible.
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