Family Law
The process of ending a marriage can be very painful. I represent my clients’ best interests and always seek to minimize the undue stress, frustration and pain involved when a couple decides to separate. I care deeply about children. Insuring that you and your children get the best outcome possible with the least stress is my goal as an attorney.
Representing adults in their pursuit of becoming a guardian for a minor child was my introduction into the Family Law arena. Family Law includes matters involving the care and well-being of people in familial relationships, whether or not your children are born into wedlock. If after reconciliation efforts a couple decides to separate we develop a plan to achieve financial independence and emotional well-being for you and your dependents.
“My husband and I seek to divorce but we would like to use a mediator. Can you represent me in mediation?”
I always suggest mediation to my divorce clients. Mediation offers a venue for the parties in a divorce to negotiate the terms of their “Separation Agreement.” As your attorney, I guarantee that your interests are protected.
“What is a Complaint for Separate Support?”
A Complaint for Separate Support can be filed by a married person if you are living apart from your spouse for a justifiable cause, you have been deserted or your spouse is not providing suitable support for you even if you still live together.
“What are the grounds for Divorce?”
In Massachusetts we have No-Fault and Fault Divorce. The grounds for fault divorce include adultery, desertion, gross habits of intoxication, cruel and abusive treatment, refusal or neglect to support, or incarceration. No-fault divorce is much more common. We have two kinds: the first is when both spouses come to an agreement and file a joint petition. The other type is when one spouse files a petition for divorce and states in it that the marriage has irretrievably broken down.
“How Long will it Take to Get Divorced?”
If parties file a joint petition for divorce the case will be heard in a couple of months. The divorce is not final after one hundred and twenty days have passed from the date of judgment. In contrast, when only one spouse files for divorce they must wait six months for a hearing. After the hearing a judgment is entered. The divorce is not final until ninety days have passed from the date of judgment.
“Will I Get Alimony?”
Alimony is based on the need of one spouse to maintain the standard of living they had before the divorce and the ability of the other spouse to pay support to meet that need. The Court looks at sixteen factors to determine an alimony award. Few spouses receive permanent alimony following divorce.
“Will I Get Child Support?”
In Massachusetts, if a child only lives with one parent that parent will receive child support. In a situation where the child stays at both parents’ homes equally, and they have about the same income neither parent will have to pay child support. Child support is governed by the “Child Support Guidelines. It can be ordered by the Court up to a child’s twenty-third birthday.”
“Do I have to attend a Parent Education Program?”
Yes, in Massachusetts both parents involved in a divorce/separation are required to attend a program to educate them about the affects of their separation on their children and to teach them about their children’s emotional needs.
“What happens after a Judgment is entered but my Ex-spouse does not Comply to the Terms?
You have the right to file a Complaint for Contempt. The Defendant will be required to pay for your legal fees.
“What happens if my Ex-Spouse gets a Higher Paying Job after our Judgment of Divorce?”
When there is a change of circumstances the Court allows you to file a Complaint for Modification.
“I am worried that my Ex-Spouse will move to another State?”
A parent cannot move their children out of Massachusetts without the approval of the Court. If this takes place, without agreement from the other parent, they are in Contempt of the Custody Order. They can also be tried on kidnapping charges and lose custody permanently.
