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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29803
Experience:  Attorney with experience in family law.
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My husband and I got the paperwork and signed papers through

Customer Question

My husband and I got the paperwork and signed papers through rapid law with a notary in 2008. However, we never filed the paperwork. I still have it. We want to be divorced. We have no assets, and both want the divorce. We have not lived together for 8 years. We do have 2 children. Is the paperwork still valid? I live in Massachusetts and he lives in California. We agree on every aspect of the divorce.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Still haven't received a response!
Customer: replied 1 year ago.
It had been an hour and a half
Customer: replied 1 year ago.
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Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I apologize for the delay. We have fewer experts online overnight.

If you used forms provided by the courts, they have most likely been updated in the past 8 years, so you'd want to go to the court's website to get new forms. Massachusetts has done some alimony reform over the past several years, so if the agreement calls for either of you to get alimony, it's a good idea to have a local attorney look at it before you file. Any alimony provisions in there might not still be valid. Child support guidelines are also adjusted every few years, so you'd want to do the new calculation based on whichever state you intend to file the paperwork in, if the paperwork provides for a set alimony amount.

If you drafted a Complaint yourself with no alimony and the child support amount is either not stated OR above the current guidelines amount, the paperwork you have should be fine as long as you still agree - however, you should redo the signature page, because the judge would likely reject an 8-year-old signature (especially if the notary commission on the form has expired, which seems likely). Massachusetts has a program where lawyers are available at family courthouses throughout the state to help people who are planning on filing documents. It's called "Lawyer of the Day." If you're planning to file in Massachusetts, it's a good idea to make an appointment with one of those lawyers who can read through and make sure there aren't any other provisions that might cause problems based on changes to the law since you last filed. This is a free service - check with your local courthouse to see if they participate.

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