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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

47.0. "Alternative Divorce Methods Sought..." by ONEDGE::FARRELL (The Hacker...coming to a node near you) Tue Apr 24 1990 16:00

    

    I mentioned some of this in my intro in 6.??

    I've been separated from my wife, who is now living in Ireland with
    our 3 children, for a year.  In that time I've made regular payments
    to her for child support, even though there is no legal arrangement
    requiring me to do so.

    I have spoken with her about legalizing the divorce (mostly at her
    prompting).  I do not want to get divorced here in Mass. cause I
    believe the guidelines here would require me to pay about 60% of my
    gross salary.   She is looking for a settlement of about 45% of my
    net (she is that "I'd rather not take any money from you, but I need
    it to live" frame of mind).

    So what can I do ?  I spoke with a friend who once got an out of
    state divorce (actually out of U.S. one) and it was legal here.
    Trouble is he can't remember how it was all arranged (this was about
    9 years ago for him).

    I'm looking for details on what I would call a Las Vegas divorce,
    i.e., we both draw up an agreement we are happy with and simply go
    to a court to get it all legalised.  I'm told that thinking of this
    is Mass. is not even worth spending the time and money on cause the
    judge would not allow it.

    Any pointers on where I can get information about this kind of
    thing.  I've tried bookstores, other conferences (none seem
    appropriate), etc.

    Any help appreciated.  Sorry if the moderator believes it's not
    appropriate to ask for this info here.

    Bernard
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47.1Ireland?CLOVE::GODINYou an' me, we sweat an' strain.Wed Apr 25 1990 10:554
    Bernard, this may be a dumb question, but would it be possible to get
    the divorce in Ireland, since that's where your wife and children are?
    
    Karen
47.2Just separationUSEM::MCQUEENEYTexas bound!Wed Apr 25 1990 12:326
    
    	Unless they've changed recently, there is no "divorce" in the
    Republic of Ireland.
    
    	McQ
    
47.3ONEDGE::FARRELLThe Hacker...coming to a node near youWed Apr 25 1990 12:4222
    Re the last 2.

    Ireland (being predominantly Catholic-run) has some very
    'interesting' laws.

    There is no legal concept of divorce (or separation, come to that).
    However, in the interests of co-operation with other countries
    Ireland will recognize oversea divorces where one of the parties
    remains overseas.

    Therefore we cannot legally get divorced in Ireland, but you can if
    we get divorced in the US and I remain here !!

    I suspect the Irish laws WILL have to change, but I'm not holding my
    breath.  The current situation means that people who separate and
    remarry are officially bigamous (though the State turns a blind eye)
    and have problems with inheritance if there are offspring from both
    marriages.

    Bernard.

47.4Sorry.FENNEL::GODINYou an' me, we sweat an' strain.Wed Apr 25 1990 14:218
    Knowing the predominantly Roman Catholic environment of Ireland, I
    thought my question might be dumb.  Maybe I was hoping that church and
    state weren't quite so completely intermingled.
    
    Sorry, I don't have any information about State-side alternatives for
    you.
    
    Karen
47.5keep it handyCSC32::HADDOCKAll Irk and No PayWed Apr 25 1990 18:574
    If you are a non-custodial parent.  You want jurisdiction for
    the divorce in *your* area.  Otherwise, you're the one who has to
    travel if anything like child support comes up again.
    fred();
47.6usually need to establish "residency"2144::HOWERHelen HowerThu Apr 26 1990 16:4911
I believe the requirement to get divorced in a particular place is that you 
be a "resident"; however, the length of time required to attain that status
differs from state to state.  Assuming you aren't planning to move out of MA 
anytime soon :-) what you're looking for is a state with a very short 
'residency requirement' - and of course a more reasonable attitude toward 
support negotiations than MA has!

FWIW, I think I recall that NH, required you to have lived here for a year, or 
at least this was true several years ago.

		Helen
47.7Mass. judges will allow your mutual agreementAKOV11::BBLANCHARDFri May 11 1990 13:1441
    In the state of Mass., if you and your spouse can agree on the terms of
    the divorce, including support for the kids and division of the
    property, you can then either hire an attorney to file the proper
    papers, or file them yourself if you have the proper forms and
    understand how the court system works.  If adequate provision is made
    for the kids, and both parents appear before the judge and are in
    agreement on the property division and support, the judge will normally
    ask both parties if they understand the agreement, and if he finds they
    do understand what they are signing etc., will rubber stamp the
    agreement and grant the divorce.  I was divorced in Mass. in 1986,
    after a 4 year seperation.  My Ex and I had divided our property at the
    time we seperated.  I hired an attorney, and had him represent both of
    us.  I was not asking for any child support for my 11 year old son at
    that time, and had not asked for or received any during the seperation. 
    The attorney informed me that the judge would not grant us a divorce
    after 15 years of marriage, with a child, without my including in the
    agreement some monetary support from the non-custodial parent. Based on
    that, I was told that $40.00 per week would probably be acceptable to
    the judge, and If I chose not to make my Ex pay the $40. that was my
    business.  I had the agreement typed up to include $40. per week, with
    an annual cost of living increase, which the attorney also recommended. 
    My husband and I went before the judge in Concord, he asked us if we
    understood the agreement, and granted the divorce with no changes to
    our agreement.  It cost me $800.00 for the attorney at that time, but my
    Ex refunded half that amount.  2 years after the divorce I decided to
    build a house, and asked my Ex if he would start paying the $40. so
    that I could afford the house.  He has been paying for the past two
    years, first $160 per month, and now has increased that to $200.
    because he felt it was low.  I should point out that my ex and I have
    always managed to resolve all issues ourselves, and cooperate
    completely as parents of our son.  I would not recommend this course
    unless both the custodial and non-custodial parents are able to get
    along in the best interests of the child and resolve all issues
    themselves.  
    
    It sounds as if you and your wife have some type of understanding, and
    that she does not really want to hurt you, but needs help from you
    supporting your kids.  If you two can work together and agree on all
    this, it is a very good way to handle things.
    
    Good Luck!
47.8MediationSCAACT::COXKristen Cox - Dallas ACT Sys MgrFri May 11 1990 13:5515
In Texas, if you divorce and have children, mediation is required (Dallas
County, at least).  This is new, since 1988 I believe.  No lawyers are allowed
at the mediation, and the mediator helps the two people to come to an agreement
without the persuasion of attorneys.  Then the mediator writes up the agreement
and sends it to the court, and to both attorneys.  (This does not include
child support, but does include property and mostly visitation)

If you get to court and change your mind on that agreement, the judge frowns
on the attorneys because s/he knows that the attorney manipulated the situation,
and that you were agreeable without the attorney.

I think this is a good idea - it got my husband a much more liberal visitation
than what her lawyer was proposing...

Kristen