Can I get divorced in Massachusetts?
In order to be eligible to get divorced in Massachusetts, either the breakdown of the marriage must have occurred in Massachusetts and one spouse stills resides in Massachusetts or the filing spouse resided in Massachusetts for one year prior to filing for divorce.
Can I get a divorce if my spouse doesn't want it?
Yes, your spouse cannot prevent you from obtaining a divorce. Unfortunately, the divorce process may be longer and more expensive if your spouse is uncooperative.
How much does a typical divorce cost?
Every case is different and has unique factors that must be considered. The costs are based on a per hour charge, which is specific to each attorney. During our initial consultation I will provide a reasonable estimate of the cost and fees associated with your case and will request an initial retainer. Please note that no attorney can guarantee what the total legal fees and costs will be in a case.
What is a "retainer" and how much of a retainer is required?
A "retainer" is an initial payment made by the client to the attorney at the time the client hires the attorney. The retainer is held in an account separate from the attorney's own bank account. The attorney will bill the client for the work done on the client's case at an hourly rate. When a bill is sent to the client, the money is then withdrawn from the retainer to pay for the legal fees and costs incurred.
The size of retainers required by our firm varies, as it depends on the level of complexity of each case. After our initial consultation, I will have a better understanding of your case and the size of the retainer needed to retain my services.
What is meant by a "no-fault divorce"?
In Massachusetts, a "no-fault divorce" is a divorce based upon an "irretrievable breakdown of the marriage", which is the most common grounds for divorce.
What is meant by "grounds for divorce"?
A "ground" for divorce is a "reason" for divorce, which is sometimes referred to as a fault divorce. Although a divorce may be granted on different grounds, fault divorces are rare. The most usual fault grounds are cruel and abusive treatment and adultery.
What is an uncontested case?
A divorce case in which both parties agree on all major matters and there are no disputes over the legal issues. Both parties are able to reach an agreement, are ready for the divorce to be finalized and typically needs an attorney to draft a separation agreement to be entered into court.
What is a contested case?
A divorce case becomes contested as soon as the complaint for divorce or the summons is filed in court. The case remains contested until all disputes are resolved and the parties reach a settlement.
If both parties reach an agreement on all issues do they need an attorney?
Even if both parties have an uncontested divorce and reach agreement on all issues, it is still recommended that each party hire an attorney to review any and all documents or draft the separation agreement to ensure that your rights and interests are fully protected and the agreement is fair and reasonable. It is also important to keep in mind that ultimately your agreement will be entered in Court and the Judge must then determine whether the agreement is valid and enforceable, which essentially means that the agreement must be fair and reasonable to both parties.
What is Legal Custody of children as opposed to Physical Custody?
Legal custody is the legal authority to make major decisions concerning the child(ren), including but not limited to education, health, religious upbringing and the child(ren)'s general welfare. Physical custody refers to where the child primarily lives. These custody arrangements can be sole or shared.
Can custody arrangements, child support or visitation ever be changed after the divorce?
Yes, child related issues, such as custody arrangements, child support and/or parenting plan is subject to modification where there has been a "material change in circumstances". The party seeking any changes to the existing Divorce Judgment must file a Complaint for Modification.
Who has to pay child support and how is it amount calculated?
Both parents have a responsibility to support their children. Massachusetts has guidelines for determining the amount of support that should be provided for the child(ren). The guidelines are based on a percentage of the non-custodial parent's gross income. This percentage is based on the number and age of the child(ren). The child support base order then takes into consideration the custodial parent's income. The child support order is also adjusted for the cost of health insurance and cost of day care, if any.
Is child support taxable?
No, it is neither taxable to the receiving parent (custodial parent) nor deductible to the paying parent (non-custodial parent).
Who is entitled to receive alimony?
"Alimony" is money paid by one spouse to the other and is sometimes referred to as "spousal support." Alimony may be awarded to either spouse for their support and is based on two factors: (1) the need of one of the spouses to receive spousal support; and (2) the ability of the other to pay it. In addition to these factors, the court also considers the same factors listed below in dividing the martial assets.
Is alimony taxable?
Yes, it is taxable to the receiving spouse and deductible to the payor's spouse.
What does the court consider in deciding the division of the marital assets?
The following factors are taken into consideration by the Court in dividing the marital assets:
- 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;
- Needs of the Parties;
- Opportunity of the Parties to acquire Future Capital Assets and Income;
- Contribution of the Parties in the Acquisition, Preservation and Appreciation in Value of their Estate;
- Contribution of the Parties as a Homemaker to the Family Unit; and
- Present and future needs of the dependant Children.
Can you represent both me and my spouse?
No, an attorney cannot represent both parties in a divorce proceeding because of the conflict of interest between the divorcing couple. If you and your spouse maintain a cordial relationship and have or want to reach an agreement on all aspects of your divorce, you may want to consider
Divorce Mediation.
Our first consultation will be most productive and cost efficient if you bring
yours and your
spouse's financial and legal records. The financial documents that you should collect and bring with you to our first consultation include:
- Tax returns for the past three (3) years;
- Most recent statements for all bank accounts;
- Most recent statement for all investments, securities, stocks, and bonds;
- Most recent statements for all retirement accounts;
- Most recent statement reflecting any and all debts and liabilities, including but not limited to credit cards, mortgage and auto loans; and
- Documents reflecting both of your incomes.
Please also note that you should also collect legal documents such as a certified copy of your marriage certificate. If you are seeking a modification of an existing order, please also bring with you a copy of the existing order or judgment and any other documents you believe would be relevant and helpful during our initial consultation.
Note: The information you
obtain at this site is not, nor is it intended to
be, legal advice. You should consult an attorney
for individual advice regarding your own situation
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