Konstantilakis Law PC
8 Essex Center Drive
Peabody, MA 01960
Legal fees financing available
Divorce is rarely a pleasant experience, as it signals the end of a marriage and the potential splitting of a family. Compounding the difficult nature of the process are the many issues that must be addressed before a divorce agreement can be agreed upon and made official by the Family Court.
Filing for divorce can be difficult for a family, even if it’s a mutual agreement reached by the parties. A divorce lawyer can guide you through the divorce process to ensure that your rights are protected and the best interests of your children are looked after.
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.
Alimony or Spousal Support
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:
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”.
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.
Our mission is to be your legal counselor, educator and guide through a stressful and demanding life event like bankruptcy, divorce or a work-related injury.
We apply the legal process to your situation by presenting legal solutions to your legal problems, and by helping you to manage your expectations and fears through coaching and discussion.
We navigate the court system with you to assure your rights are protected.