Divorce Lawyer in Massachusetts

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Collaborative divorce is a type of divorce that spouses use to reach an amicable ending in their marriage. For this to be made possible, both parties involved should be able to reach agreements together regarding some of the most important aspects of the divorce.

Cases that involve conflict and disagreements are those known as contested divorces. Contested divorce is often one of the most difficult divorce cases to litigate, especially if a spouse fails to retain the services of a divorce lawyer.

The presence and amount of alimony in a particular case is an area where judges have a great deal of discretion and differ substantially. Some of the more common approaches include awarding the lower income spouse one-third (1/3) of the differential in gross income or totaling the entire income and awarding alimony to create a percentage split such as 60% to 40%.

Under Massachusetts General Law Chapter 208 Section 34, at the time of divorce, the court may make a judgment for either party to pay alimony to the other. Besides or instead of a judgment to pay alimony, the court may assign to either party all or any part of the estate of the other. In determining the alimony to be paid, or in fixing the nature and value of the property, if any, to be assigned, the judges in the Massachusetts Family Courts will consider these factors:

• Length of marriage
• Conduct of the parties during marriage
• Age of the parties
• Health of the parties
• Station of the parties
• Occupation of the parties
• Amount of income of the parties
• Sources of income of the parties
• Vocational skills of the parties
• Employability of the parties
• Estate of the parties
• Liabilities of the parties
• Opportunity of the parties to acquire future capital assets
• Opportunity of the parties to acquire further income
• Contribution of the parties in the acquisition, preservation and appreciation of their marital estate
• Contribution of the parties as a homemaker in the family unit
• Needs of the parties
• Needs of the children

How is child support determined?

In Massachusetts, the courts utilize Child Support Guidelines (“Guidelines”) to determine the level of child support which would be appropriate in various situations. The Guidelines are amended from time-to-time. In setting a Child Support Order under the Guidelines, the court will consider child care costs, the number of children, cost of medical insurance for the children, parenting time expended by either parent, and prior court Orders and obligations affecting either party. Generally, the court must utilize the Guidelines; however, in certain circumstances the court may deviate from the Guidelines by entering specific written findings. Sometimes, the Guidelines don’t apply. However, when the Guidelines do apply, the court will utilize a “Child Support Guidelines Worksheet”.

What can I do to enforce a Court Order for child support or visitation?

Once the court has made a Temporary Order or Judgment, both parties must comply with the Order or Judgment. If one side does not comply, the other side can file a Complaint for Contempt seeking enforcement of the Order or Judgment, and reimbursement for attorney’s fees. Contempts may be filed to enforce much Court Orders, including but not limited to child support, alimony, visitation, and property division.

Guardianship matters can be complicated and emotional. Laws surrounding guardianship and conservatorship of minors and incapacitated persons are best handled by a guardianship lawyer that is experienced and compassionate. At Konstantilakis Law, we have the knowledge and mindset needed to represent you.

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No. Most people obtain a divorce on no-fault grounds. This means neither spouse is to blame for the breakdown of the marriage. However, a no-fault divorce may be contested or uncontested. If contested, you and your spouse have not yet agreed on issues such as asset division, child custody, support, parenting time and alimony.

Physical custody defines where children live most of the time. Legal custody refers to important decisions made about the child. For example, you may have physical custody of your child, meaning she lives in your house. But you may share legal custody with your ex-spouse and make major decisions, such as those regarding medical treatment, jointly.

Papers must be filed with the court to finalize a divorce in Massachusetts. However, you do not need to have a trial if you and your spouse can resolve your issues without one. Before a trial, you may participate in a pretrial hearing to present evidence and identify potential witnesses.

To avoid trial, you and your spouse must sign and have notarized a separation agreement, financial statements and parent education certificate if required.

You can discuss your issues in one of many forums outside of court, including mediation or a settlement conference. Often an attorney is essential in this part of the process. Limited assistance representation is one option for individuals who don’t want to pay a full retainer but need legal help to negotiate and conclude a family law agreement.

When parents are married, they automatically share physical and legal custody of children until a court orders otherwise. No parent automatically gets physical custody of a child even after the divorce process has begun.

When parents cannot agree on physical and legal custody, they may ask a court to intervene. The court is bound to make those decisions based on the best interests of the child and not the parents. The judge will look at the child’s relationship with family members and his well-being in the community, among other factors.

Child support guidelines are based on parental income. They are designed to minimize the impact of the divorce on the child, among other factors.

A court will change a custody order if it is in the best interests of the child. The parent asking for the modification must show a significant change in circumstances since the order was issued.

There are four different types of alimony in Massachusetts. You may get alimony if you were financially dependent on your spouse or you supported your spouse for a specific endeavor, such as getting an education, during the marriage.

Regardless of the circumstances that led to your divorce, an experienced divorce lawyer can help guide you through the legal aspects of this difficult time. Our divorce services are available throughout Massachusetts, including Peabody, Salem, Danvers, Beverly, and Woburn. To learn more, contact Konstantilakis Law P.C.