June 25, 2017

Do we need a divorce lawyer or can we write up agreement ourselves?

Additional Information:

What is the best way to handle the financial aspects of a divorce? I have been separated (not legally) from my husband for over a year and half. We are on good terms with one another and he lives nearby in an apartment in  Fitchburg which helps with the logistics of sharing custody and other parenting responsibilities for our 2 children.  He currently pays for daycare for our son and I’d like to ask him to help with half of the children’s medical/dental expenses.  Can we write up an agreement or do we need a lawyer for this?

ATTORNEY ANSWER:

In my opinion you are better off seeking the advice of an experienced divorce attorney regarding the financial aspects of your divorce and for drafting a clear, unequivocal, binding divorce agreement.  Depending on your respective incomes and assets the financial aspects of your divorce could be relatively simple or complex and sophisticated.  At a minimum the Court will need to make a determination of whether or not the child support guidelines apply to your case and if so what the proper amount of child support should be.  There may also be issues of alimony or spousal support, and dividing retirement plans or pensions by Qualified Domestic Relations Order or otherwise.  We offer relatively inexpensive initial consultations to discuss all of your rights and answer all of your questions.  We represent individuals in divorce and also couples in mediation.  At the very least you should consult with an attorney to discuss all of your rights and options.

You can certainly try and write up an agreement, but the Court may not approve it as written, or it may not address all of the issues it should, or it may simply not be worded clearly enough to rely on in the event one party decides not to follow the agreement.

Fitchburg Divorce attorneys at Riddle & Associates serve the Fitchburg community and the entire Worcester County region including the areas of Lunenburg, Leominster,  Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Fitchburg Divorce Attorneys
344 Summer Street
Fitchburg, Massachusetts