Legal Question in Family Law in Massachusetts
We plan on filing joint uncontested. I can't find but copies of the Separation Agreement, one is from Middlesex county, one from Hamden county. I live in Worcester County. Probate clerk told me I could get one online. Can I use these two to draft up my own, or does it need to be an official state form.
3 Answers from Attorneys
It does not have to be an official state form, you can draft your own.
There really is no generally accepted form for use.
I strongly advise you draw up your own agreement, perhaps using any of the Court's forms as templates. Technically, there is no required form or exact wording which you must use, and you are free to draft your own.
However, your best bet would be to draft an agreement that works for the two of you and take it to an attorney to draft. You want your agreement to be in a form which will be acceptable to the Court and which doesn't cause unforeseen and unintended problems down the road. People doing this on their own usually fail to address all of the various financial aspects that need to be addressed, including credit card debts, mortgages, auto loans, and other items which can cause problems later if not addressed properly.
You want to know everything has been reviewed, and know that you will breeze through your uncontested hearing before a judge with no issues, no embarrassment, and without having to come back to supplement or fix a form.
If the two of you are in agreement, you have already done the hard work!
While there may be a format for Separation Agreements, there is no state form and as such you can draft your own. Just make sure you cover all the necessary things, like alimony, child support and retirement funds and property being distributed to each party.
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Asked 6/30/14, 7:42 am in United States Massachusetts Family Law, Divorce, Child Custody and Adoption