When drafting a parenting plan for separated parents of minor children, there are some basic things that should be in every plan.  These include answering the following questions: Who has decision making responsibility (also known as legal custody)? Who has residential responsibility and when? In other words, design a base parenting schedule (also known as physical custody). When can the base schedule be changed? For example including a holiday and vacation schedule. Are there any necessary agreements around communication? Are there any limitations or notification requirements related to travel with the children? How and when can the schedule be changed? What other events require notification (such as illness of a child)? What is your plan for dealing with disagreements? Some parenting plans keep these terms relatively simple and leave a lot of room for flexibility between the parents.  There are pros and cons to any choice when drafting an agreement, and a flexi...

It is our hope that all families find a way to resolve conflict peacefully.  This is especially true when children are involved.  Divorced or separated parenting has many complications and the first is just deciding how to share time with a child from two separate households.  Developing a schedule can result in a lot of tension, especially if parents have trouble picturing how this new schedule will interact with their work schedules and the schedules of their children. To help make this easier, we've created an online tool for creating parenting plans that is simple and easy to use: We encourage parents, regardless of the process they are using to divorce, to use this form to assist in evaluating and settling custody disputes. The form allows you to choose between the Model Parenting Plan proposals or customize your parenting plan over a four week period by clicking directly on the form.  When you click on a section of the calendar it switches between ...

Guest Post from Jonathan R. Eaton, Esq. of Finn & Eaton, P.C.  and of counsel to Kelsey & Trask, P.C.   - Attorney Eaton focuses his practice on family law, serving clients in the areas of divorce law, child custody & visitation disputes, modifications of existing judgments in the Probate & Family Courts, drafting and negotiating prenuptial agreements, and guardianships & conservatorships.  Jonathan is also trained in Collaborative Law. Lifestyle During Separation Does Not Define Marital Lifestyle,  According to Massachusetts Appeals Court In setting the amount of alimony to be paid, and how long it is to be paid, a Probate & Family Court judge in Massachusetts must consider twelve mandatory factors: "In determining the appropriate form of alimony and in setting the amount and duration of support, a court shall consider: the length of the marriage; age of the parties; health of the parties; income, employment and employability...

Reason #4 Not to Wait: Remarriage Almost every client who consults with us about divorce indicates they have no intention of getting remarried. And who can blame them for saying that when in the middle of a divorce? But the statistics say otherwise. Most people will get remarried after a divorce, and if you are separated and meet someone you want to marry, you will now have to wait for your divorce process to be complete. You can't simply get remarried like Richard Barton Jr. of Grand Rapids, Michigan, who was charged with Bigamy for getting remarried before being divorced (and who got caught because he was dumb enough to post his new marriage photos on Facebook). Divorces can take years depending on how complicated the issues are and how much either party wants to fight. If you meet someone new will they want to wait that long? Will you? And how will having this third party involved in your life affect your finances (which can be discussed in court)? If you don...

Reason #3 Not to Wait: Becoming a Legal Parent If your spouse is of child-bearing age and a woman, then it is possible (even if unlikely) for them to become impregnated by someone else. This is more likely if you are separated. In Massachusetts if a woman is married within 300 days prior to the birth of a child, then her spouse is legally the father of that child, whether or not he is the biological father. Being a legal parent comes with both obligations (child support, health insurance) and benefits (visitation, relationship). But if it's not your child do you want that responsibility? It is possible to undo this legal presumption but it usually requires knowing who the biological father is and suing them. Now because you waited to get divorced you have two lawsuits instead of one and another party involved in the dispute (the biological father). Read Reason #4: Remarriage.

Reason #2 Not to Wait: The Ticking Time Bomb Today your spouse may be a healthy self-sufficient person. They may work and support themselves today. But what happens if they become disabled. Whether or not you are separated you have a legal obligation to help support your spouse and they can enforce that obligation through a Complaint for Separate Support or a Complaint for Divorce. And if your spouse becomes disabled during your marriage (whether or not you are separated) you will likely be obligated to support them financially. Under Massachusetts law, spousal support, especially in the case of a disabled recipient can be for life. Even if your spouse does not become disabled, if they are a candidate for spousal support (also known as alimony) the longer you are married, the longer alimony may last. Although duration of alimony is a hotly contested issue under the current law, there is a proposed alimony bill which would link duration directly (by formula) to the length o...

In Massachusetts, the standard for a no-fault divorce is whether or not you subjectively believe that your marriage is irretrievably broken down with no chance of reconciliation. If you are separated but believe that there is a chance of reconciliation, then you should not get divorced (and you do not meet the legal standard to do so anyway). However, if you are separated and you do believe that your marriage is over, then there are some compelling reasons not to wait to get divorced. This four part post will highlight the most compelling of these reasons. Reason #1 Not to Wait: Cutting Financial Ties So long as you are married, you have a financial link to your spouse. In Massachusetts any property that you hold either jointly or individually can be considered marital property subject to division by the family court. This means that if you acquire financial assets after your separation your spouse may have a claim to those, even if they didn't pay a dime to help you ob...