Going through a divorce is undoubtedly a challenging process, no matter how amicable the separation may be. After a divorce order is finalized, it may feel like the end of a long and painful journey. However, life is unpredictable, and circumstances can change, necessitating modifications to the divorce order. In this article, we will delve into what you need to know about modifying divorce orders in Massachusetts, including the when, how, and legal fees involved.
The Complexity of Modifying Divorce Orders in Massachusetts
Making modifications to a divorce order requires a clear understanding of the legal procedures involved. In Massachusetts, parties can request modifications of divorce orders under specific circumstances. Typically, modifications are sought if there have been significant changes in the financial, living, or custodial arrangements of either party. Let’s explore some of the common reasons that may compel you to consider modifying your divorce order:
Complexity One: Change in Financial Circumstances
Financial circumstances are prone to change due to factors such as job loss, pay cuts, or unexpected expenses. As a result of these changes, you may find yourself unable to meet the financial obligations to your former spouse, such as spousal or child support.
Complexity Two: Change in Custody Arrangements
Custody arrangements may require modification if there is a change in the child’s needs or circumstances, or if one of the parents wants to relocate.
Complexity Three: Remarriage
Remarriage can cause significant changes, such as alterations to spousal support payments and health insurance coverage, among other issues.
Complexity Four: Pre-Determined Time Limit
Some divorce orders may include a pre-determined time limit or a sunset clause, specifying when spousal support payments must end. When this time limit expires, you may wish to modify the divorce order.
The Process of Modifying a Divorce Order in Massachusetts
If you determine that you need to modify your divorce order, several steps are involved in the formal procedure in Massachusetts. First, you will need to file a Complaint for Modification with either the Probate and Family Court or the District Court — the specific court jurisdiction depends on your case. In this document, you must clearly state which section of the final order requires a change and provide valid reasons for the modification.
Once you file the Complaint for Modification, the other party will be served with a summons to appear before a judge. Subsequently, a hearing will be scheduled to allow both parties to present their arguments and for the court to determine the necessity of a modification. To navigate the legal process seamlessly, it is crucial to consult an experienced family law attorney. Their expertise will help you avoid errors, missed deadlines, and legal penalties associated with modifying divorce orders.
Understanding the Legal Fees Involved
Similar to most legal proceedings, modifying a divorce order in Massachusetts incurs legal fees. The exact amount you will pay depends on the complexity of your case and your attorney’s hourly rate. It is advisable to find an attorney who can provide a transparent estimate of the fees you can expect throughout the process.
Under Massachusetts law, a party seeking modification of a divorce order must pay a $200 filing fee, in addition to a summons fee for serving the papers to the other party. These fees may vary depending on the court where you filed your case. However, in cases where a party is low-income or indigent, the filing fee may be waived.
In Conclusion
While divorce orders can be modified, it is essential to understand that not all modifications will be granted or favored by the court. If you believe that a change in your personal circumstances warrants a modification to your divorce order, seeking the assistance of an experienced Massachusetts family law attorney is crucial. With the right legal counsel, you can feel confident that your rights will be protected, and you will achieve the best possible outcome.