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Judgment of Divorce

By mamafred22 Jul 15, 2012 1601 Words
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JUDGMENT OF DIVORCE|
Theresa Leary|
8/30/2011|
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Commonwealth of Massachusetts
The Trial Court
Division: SuffolkProbate and Family Court DepartmentDocket No.________

JUDGMENT OF DIVORCE
Patty Bean, Plaintiffv.David Bean, Defendant
This cause came on for hearing on the Complaint and was heard on the 15th day of August, 2011, before Honorable John M. Smoot of the Suffolk County Probate and Family Court. Upon due consideration thereof, the Court finds that Plaintiff and Defendant were residents of the State of Massachusetts and County of Suffolk for more than six (6) months immediately preceding the filing of the Complaint; that the parties were married as alleged; and that one two (2) children were born as issue of the marriage, to wit: David Bean Jr, DOB 06/05, 2003 and Patricia Bean, DOB 07/01/06.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff and Defendant are hereby granted a divorce from each other, on the grounds of irretrievable breakdown of marriage under G.L. c. 208 § 208 1B, and that the marriage contract heretofore existing between the parties be and is hereby dissolved and set aside.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that residential parent status regarding the care and control of the minor children of the parties is hereby granted to Patty Bean.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that David Bean shall enjoy parenting time with the minor children, David Bean Jr and Patricia Bean, every other weekend starting September 1, 2011from 6:30 pm Friday to 6:30pm Sunday. Each party will drive half way (approximately 47 miles) to pick up and drop off children.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED the parenting time for both parties will be as follows: 1. Days of Special Meaning:
a. Mother’s day will always be spent with the mother; Father’s day shall always be spent with the father, regardless of which parent is entitled to the weekend. If the parties cannot agree on times, the time is 10 am to 7 pm. Unless this time falls during a school day for the father. The father make this time up during the upcoming weekend. b. The children’s birthday shall always be spend with the mother in the even-numbered years, and shall always be spent with the father in the odd-numbered years. Unless this time falls during a school day for the father. The father make this time up during the upcoming weekend. If the parties cannot agree, the time is 10am to 8pm. Brother or sister will attend the event. 2. Holidays:

| Even-numbers Years| Odd-numbered Years| As agreed, or| Easter| Father| Mother| Sun 11am to 6pm|
Memorial Day| Mother| Father| Sun 6pm to Mon 6pm|
July 4th| Father| Mother| 7/4 10am to 6pm|
Labor Day| Mother| Father| Sun 6pm to Mon 6pm|
Thanksgiving| Father| Mother| Thur 6pm to Fri 11am|
Christmas Eve| Mother| Father| 12/23 6pm to 12/24 7pm|
Christmas Day| Father| Mother| 12/24 7pm to 12/25 8pm|
New Year’s Day/Eve| Mother| Father| 12/31 5pm to 1/1 7pm|

3. Vacations:
c. Five weeks of parenting time each year are to be arranged by the non-residential parent during the summer months with not less than sixty (60) days’ notice. d. Summer school necessary for the child to pass to the next grade must be attended. e. Alternate weekends which normally would be spent with the residential parent, which fall during the non-residential parent’s vacation must be given to the residential parent, or made up at another time. 4. A parent late more than thirty minutes shall forfeit that parenting time unless the non-residential notified the residential at least two hours prior thereto. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that David Bean shall continue to pay to Patty Bean as and for support of the minor children of the parties, David Bean Jr and Patricia Bean, the sum of Seven Hundred Dollars ($700.00), per month. Said support shall be payable through wage withholding through the Suffolk County Child Support Enforcement Agency. Said payments shall continue until said child is eighteen (18) years of age. Once first child (David Bean Jr) is eighteen (18) years of age, the support of the minor child, Patricia Bean, the sum of Three Hundred Fifty Dollars ($350.00). Said payments shall continue until said child is eighteen (18) years of age. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that David Bean and Patricia Bean will both carry health insurance on said minor children. If there are excess medical expenses for the minor children both parties will be equally responsible, 50% to each party. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the parties will alternate years claiming the minor children, David Bean Jr and Patricia Bean, as an exemption for tax purposes with David Bean claiming the minor children as exemption for tax purposes for all even-numbered years as long as he is current in his child support obligation as of January 15th of each year. Patty Bean shall receive the minor children as an exemption for tax purposes for all odd-numbered years. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that no spousal support shall be paid by either party. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the plaintiff and minor children will relocate to Westerly, Rhode Island due to the best interest of the children. The plaintiff will be the principle of the minor children’s school district, allowing the plaintiff to spend more time with the minor children. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the parties currently own real estate known as 123 West Golf Road, Boston, Suffolk County, MA 12345. The plaintiff has agreed to allow the defendant shall retain the real estate. Defendant shall pay any and all liens, mortgages and indebtedness on said property and hold Plaintiff harmless. Defendant shall refinance the real estate into his name within twelve (12) months and remove Plaintiff’s name from the loan, at which time the Plaintiff shall sign a Quit Claim Deed transferring all interest in the real estate to the Defendant upon the refinancing of the real estate into his name. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the parties have divided, to their mutual satisfaction, all household goods, furniture, furnishings, and fixtures; and all such personal property, whether acquired before the marriage, during the marriage or during any period of separation, shall be, and remain, the sole property of the party in whose possession it presently is, free and clear of any claim on the part of the other. It is further ordered the Plaintiff shall leave all appliances in the marital home. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that each parties shall obtain or retain title and exclusive use of their own vehicles and will become solely obligated for all payments due or which may become due for the use, operation, maintenance and financing thereof and shall hold each other harmless. The parties shall execute title transfer documents, if necessary, accordingly. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that all bank accounts, or other items of intangible personal property which are separately and solely owned by or standing in the name of either parties or in which either party has a right or interest by reason of inheritance, devise, bequest or gift, shall, and by these presents do, remain his or her separate property, free and clear of any and all claims, rights, titles or interest of the other. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that all bank accounts in both parties’ names will be divided equally between both parties once all debt in both parties names is paid off, except as herein otherwise agreed. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that each party agrees to assume and pay all outstanding debts in their respective names whether such debt was incurred before the marriage, during the marriage or during any period of separation, and each agrees to indemnify, defend and hold the other harmless from any expense, loss, claim or liability whatsoever arising from or in any way connected with such outstanding debts, except as herein otherwise agreed. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that each party shall be entitled to receive one-half (1/2) of the marital portion of any Qualified Retirement Accounts such as 401K, Profit Sharing Plan, Retirement Annuity, and IRA. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that each party will change their life insurance beneficiary to their children.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED should both party be required and obligations of the other party, it will affect that party’s ability to support and maintain themselves. Therefore, it is the specific intention of the parties that the obligations of the other as set forth in the Agreement are in lieu of maintenance and spousal support. He or she will send the other party a complete copy of the Bankruptcy petition. The filing party shall not request the Bankruptcy Court to discharge any obligation hereunder, the filing party shall execute a reaffirmation agreement as provided by 11 U.S.C. 524 to reaffirm his or her obligations, the bankrupting party shall reimburse the other party all payments made notwithstanding said bankruptcy. In the event that such reimbursement is not made, the non-bankrupting party shall have the option to petition the Family Court for additional support.

IT IS SO ORDERED.
_______________________
Honorable John M. Smoot

APPROVED:

Theresa Leary
Theresa Leary # 34-12345
Attorney for Plaintiff, Patty Bean

_____________________
John Doe # 34-45678
Attorney for Defendant, David Bean

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