Skip to main content

Announcement: New Parent Education Attendance Rules in Massachusetts for Divorcing Parents

By
Taking the course is a prerequisite
for getting divorced in MA.
As of May 1st, 2016 Massachusetts has announced and ordered new changes to the Parenting Education programs for all divorce cases that involve minor children (Standing Order 2-16). The court  has ordered that all parties in a divorce action must register with an approved program within thirty days of service of a Complaint for Divorce and prior to the hearing on a Joint Petition for Divorce. (a list of the approved programs can be found here)

Once registered parties must file the "Affidavit Confirming Registration at Parent Education Program."  This is a new form and timeline, but the programs themselves are not new.

This is not a program that teaches people how to parent their children, but rather a program designed to help divorcing parents understand what the challenges their children will face because of the divorce.  It is ideal that the program be taken as soon after the parties decide to divorce, because it will help them prepare for questions and concerns their children may have about the divorce.  The court has enacted new rules around this program, presumably to ensure that parents register and attend this program as early as possible in the process.

If the parties seek to waive attendance to the Parent Education Program, they must file a “Motion to Waive Attendance at a Parent Education Program”. Waivers may be only granted for very specific reasons and the court may elect to deny the Motion.  The court may also permit a use of five-hour DVD or an online program upon filing of a “Motion to Permit Completion of Parent Education Programs via DVD."  To use the DVD the party must have a reason they are unable to attend the program.

The parties each pay $80.00 to the provider in advance of the program to offset cost of material, facilitators, and program administration. The same fee applies to the DVD program as well. If the parties are unable to afford the program then they have the option to file an “Affidavit of Indigence and Request for Waiver, Substitution or State Payment of Fees and Costs”.  If the waiver is allowed it would reduce the rate of the program to $5.00.

An uncontested divorce hearing on a Joint Petition or a Complaint may be scheduled if the parties file an affidavit confirming their registration for the program. A Pre-trial conference may be scheduled in a contested hearing as well so long as the parties complete the program prior to the Pre-trial Conference. No Pre-Trial or Trial will be held without the court receiving a Certification of Attendance from an approved program from each party unless the Court has waived the requirement.


Labels:

Comments

  1. Julia RueschemeyerMay 17, 2016 at 12:23 PM

    For those filing an uncontested divorce, note that the parenting classes still have to be completed prior to the hearing date unless the requirement is waived.

    ReplyDelete

Post a Comment

Popular posts from this blog

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

By
While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...
1 comment
Read more

Updating your Divorce Agreement Template - More Lessons from Cavanagh v. Cavanagh

By
We recently posted a lengthy review of the the Massachusetts SJC decision in Cavanagh v. Cavanagh (2002)  which included some recommendations for drafting divorce agreements, also typically called Separation Agreements.  The Cavanagh case is best known for it's clarification of how the courts should evaluate support calculations when a case may have both alimony and child support.  However, the case also contained numerous rulings that should make practitioners review their Separation Agreement templates and change some of the ways in which they may have previously drafted certain sections. In this post we'll share actual language from the Gray Jay Endeavors, LLC form Separation Agreement template which addresses each of the issues raised by the Cavanagh decision.  If you are a professional interested in purchasing the full Separation Agreement template, check out Gray Jay's  forms subscription which includes editable Massachusetts court forms and financial st...
Post a Comment
Read more

Massachusetts Family Court Financial Statement - Instructions & Best Practices

By
During a divorce, or other case in the Massachusetts Probate & Family Court that involves your finances, such as a child support case, you will likely be required to file a court form Financial Statement.  In Massachusetts there are two versions of this form: a "short form" if your income is under $75,000 and a "long form" if your income is $75,000 or more.  Many people find these forms confusing and we've compiled a list of helpful information for filling them out. First , to access the forms, the court has provided pdf or online versions here: Massachusetts Rule 401 Short Form Financial Statement (pdf) Massachusetts Rule 401 Long Form Financial Statement (pdf) There are also some basic instructions provided by the court explaining the sections of the forms and providing access to a Schedule A (for self-employed people) and Schedule B (for rental income): Massachusetts Rule 401 Short Form Financial Statement Basic Instructions Massachusetts Rule 401 Long F...
Post a Comment
Read more